DNA Testing and Court Orders

A party may apply to the Courts for a declaration as to parentage. If the Court is satisfied on the evidence, the Court can declare that a person is the father or the mother of a child.

The Declaration is usually made after proper and stringent Court Approved DNA testing shows a party to be the parent of the child, however, what if the other parent does not attend Court or submit to DNA testing?

A party’s non-attendance at Court or failure to submit to DNA testing does not mean the Court is unable to make orders.  The Court can still made declarations as to parentage.

For example, in the case of Levine-Ferber & Levine [2014] FCCA 1280 (10 June 2014), the father did not attend Court on the date that the matter was listed for hearing.  The Judge was able to determine the matter, notwithstanding the father’s absence, taking into account the material filed in the matter including the Applicant’s Affidavit, the Affidavit of Service, and the Acknowledgment of Service.

The Court was also able to determine that the father should be assessed in relation to the costs of the child because the father was determined to be a parent of the child.

If you require advice about Parentage Declaration or Court Approved DNA testing, contact Claire Naidu & Co, Lawyers and Mediators. Click here for our contact details.