Originally Posted by
helpmeplease123
My lawyer said it was like I'm making claim that he is the father, his disputing the claim, so i have the burden of proof.
Excepts from some of the following Australian links:
A father can deny paternity of any child. However, the father has a difficult onus of proof to discharge, particularly if the father has allowed his name to be entered in the Register of Births or on the birth certificate.
To determine a child’s parentage as a matter of law, rather than science, the FLA (Family Law Act) contains a number of presumptions of parentage. These presumptions arise from marriage; cohabitation; entry as a parent in a register of births or parentage information; a court finding of parentage; and execution of an instrument acknowledging paternity.[27]
'FOB denied paternity. What happens is you go to court, they order a paternity test, he pays for it, and if he's not the father he gets a refund. If he refuses paternity test he will be presumed the parent.
http://www.alrc.gov.au/publications/35-parentage-testing/uses-parentage-testing
http://www.lawhandbook.org.au/handbook/ch05s03s02.php
http://www.bubhub.com.au/community/forums/showthread.php?390258-Denying-paternity-to-CSA
http://www.dnatesting.com/blog/dnatesting/2011/03/paternity-test-request-denied/
http://www.articlesurfing.com/legal2/paternity_rights_and_challenging_the_obligation_to _pay_child_maintenance_victoria.html
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