Determining Who’s the Parent in Family Law
Family law proceedings can be very complicated, especially when children are involved. What happens if someone questions or doubts who the biological parents are? There are parental testing options available.
Can the Court Order Parental Testing?
In these circumstances, section 69VA of the Family Law Act 1975 enables the court to order parenting testing to be undertaken.
Parental Testing in Baldwin v Neilson
In 2016, the mother sought a declaration of parentage in the case of Baldwin v Neilson. This was to ascertain whether the ‘father’ should pay child support. Testing occured to confirm the identity of the man in this proceeding. However, it is not clear whether this happened by consent. Furthermore, it’s possible that he obliged due to an Order of the Court.
The results of a Parenting Testing Procedure Report found the chance of paternity equated to 99.9999999%. In addition, they did not exclude the man from being the father. As well as the Parenting Testing Procedure Report, the Court also relied on the mother’s Affidavit (statement of facts) and oral evidence before making the requested declaration of parentage. The man did not attend the hearing. In other words, he didn’t come to court to give his side of the case. It therefore proceeded on an undefended basis.
In conclusion, the court can provide a declaration of parentage. This can impact on child support and other family law issues. Etheringtons Solicitors offers advice from experienced solicitors in relation to parenting and child support matters. Please contact us today if you need advice or assistance in relation to your family law matter.