Our response to the COVID-19 Situation that is unfolding — Learn More >
1800 786 931
Taylor&Scott Lawyers
  • Home
  • Compensation Law
  • Motor Vehicle
  • Our Services
    • Commercial And
      Business Law
    • Employment Law
    • Family Law
    • Migration Law
    • Property Law
    • Wills & Estates Law
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Andrew Woo
    • Jessica Cook
    • Donna Begnell
Our response to the COVID-19 Situation that is unfolding — Learn More >
Make A PaymentLocationsPeopleContact Us
Taylor&Scott Lawyers
Individual LawBusiness LawAbout Us
1800 786 931
  • Personal Injury
    • Injured at Work
      • Workers Compensation Claims
      • Work Injury Negligence Claims
      • Injured In / Around a Coal Mine
      • Industrial Deafness
      • Non-Employer Negligence Claims (Against Third Parties)
      • Asbestos Claims
    • Motor Vehicle
      • Motor Vehicle Accidents and Claims Before Dec 2017
      • Blameless Motor Vehicle Accidents
      • Bus Accidents
      • Car Accidents (Driver or Passenger)
      • Hit and Run Accidents
      • Children Injured in Motor Vehicle Accidents
      • Bicycle / Cycle / Pushbike Accidents
      • Death Claims Resulting from Motor Accidents
      • Motorcycle Accidents (Driver or Pillion Passenger)
      • Pedestrian Accidents
      • Truck Accidents
      • Uninsured Liability Scheme Accidents (Vehicle at Fault Not Insured)
    • Medical Negligence
      • Hospital claims
      • Doctor claims
      • Treatment Providers Negligence
      • Nursing and Retirement Claims
    • Unable to work
      • Income Replacement Insurance Claims
      • Total Permanent Disability (Tpd) / Superannuation Claims
    • Injured In Public
      • Negligence Claims
      • Slip, Trip or Fall
      • Shopping Centre Accidents
      • Holiday Accidents
      • School, Sporting or Playground Incidents
      • Insurance Claims and Disputes
      • Dog Attacks
      • Aircraft Accidents
  • Family Law
    • Divorce and Separation
      • Divorce and Prenuptial Agreements
      • Divorce and Spousal Maintenance
      • Divorce and Annulments
      • Separation
      • Applying for Divorce
      • Divorce Application
    • Children and Parenting Matters
    • Child Support
    • Paternity Matters
    • Spousal Maintenance
    • Property Settlements
    • De Facto Relationships
  • Wills & Estates
    • Disputed Will or Contested Estates
    • Dealing With Deceased Estates
    • Wills and Estate Planning
    • Powers of Attorney and Enduring Guardian
  • Property Law
  • Migration Law
    • Partner Migration
      • Prospective Marriage Visas
      • Partner Visas
    • Employer Sponsored Migration
    • Temporary Graduate (Subclass 485) Visas
    • Skilled
      Migration (SkillSelect)
    • Medical / Health Waivers
    • Parent Migration
    • Visa Issues
  • Employment Law
    • Employee Legal Services
      • Redundancy
      • Unfair Dismissal / General Protections
      • Termination of Employment, Unfair Dismissal, Adverse Action, Redundancy
      • Independent Contractor or Really an Employee?
      • Senior and Executive Staff
      • Employment Contracts, Post Employment Restrictions, Policies and Procedures
      • Underpaid or Unpaid Workers
      • Workplace Discrimination and Adverse Action
      • Employment Contracts, Negotiating Employment Contracts, Bonus & Performance Payments
    • Employer and Small Business Legal Services
      • Equal Employment Opportunity
      • FWO Investigations
      • Redundancy
  • Commercial Law
  • Employment Law
    • Employer and Small Business Legal Services
      • Equal Employment Opportunity
      • FWO Investigations
      • Redundancy
      • Employment Contracts, Post Employment Restrictions, Policies and Procedures
      • Termination of Employment, Unfair Dismissal, Adverse Action, Redundancy
    • Employee Legal Services
      • Redundancy
      • Unfair Dismissal / General Protections
      • Independent Contractor or Really an Employee?
      • Senior and Executive Staff
      • Workplace Discrimination and Adverse Action
      • Underpaid or Unpaid Workers
  • Property Law
  • Migration Law
    • Partner Migration
    • Temporary Graduate (Subclass 485) Visas
    • Skilled
      Migration (SkillSelect)
    • Medical / Health Waivers
    • Parent Migration
    • Visa Issues
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Andrew Woo
    • Jessica Cook
    • Susan Marreiros
    • Donna Begnell
  • Locations
  • Contact Us
  • Success Stories
  • Answers
  • News
  • Individual Law
    • Personal Injury
    • Family
    • Wills & Estates
    • Property Law
    • Migration Law
    • Employment Law
  • Business Law
    • Commercial Law
    • Employment Law
    • Property Law
    • Migration Law
  • About Us
    • People
    • Locations
    • Contact Us
    • Success Stories
    • Answers
    • News
Make A PaymentLocationsPeopleContact Us
ENQUIRE NOW


Home » Our Services » Family Law » Paternity Matters


Paternity Matters

There are painful cases where parentage comes into question.
Let us help you navigate the tumultuous nature of Family Court
during this tough time.

Enquire Now 1800 786 931

  • This field is for validation purposes and should be left unchanged.

Enquire Now

  • Call us on 1800 786 931

  • This field is for validation purposes and should be left unchanged.

Winning Difficult Cases & Providing Valuable Advice Since 1905


  • DNA Testing
  • Presumptions
  • Parentage Matters

DNA Testing

There are cases where parentage is an issue. The Family Court has the jurisdiction to make orders requiring the parties (and the child) to undergo DNA testing.  

DNA testing is usually sought for one of the following reasons:

  1. The mother has applied for child support, but the father is not on the birth certificate and doesn’t agree he is the father; or
  2. The mother won’t agree to include the father’s name on the child’s birth certificate; or
  3. There are parenting proceedings and someone raises doubts about the child’s parentage.

Presumptions

In some cases, there are “presumptions” about the parentage of a child. For example, if you are in one of the following scenarios, you are “presumed” to be a parent of the child for family law purposes:

  1. The parties were married when the child was born; or
  2. The parties were married, then separated but resumed living together within 44 weeks of the child’s birth; or
  3. The parties lived together between 44 weeks and 20 weeks before the child was born; or
  4. The parties are registered on the child’s birth certificate; or
  5. The father signs a document acknowledging he is the father.

Parentage Matters

If the court makes orders for DNA testing, the court can then make a declaration of parentage. If a person refuses to comply with an order for a DNA test, the court is able to draw an inference that they are refusing to take the test because it would show they are the parent of the child.

This evidence can be given to the Child Support Agency (for child support purposes) or Births, Deaths and Marriages (to be included or removed from a birth certificate). The clarification of parentage can also have an impact on court proceedings regarding parenting matters.  

If you have concerns about the parentage of your child especially for de facto relationships, or you believe you are a parent of a child but have not been registered on the birth certificate, you have options available to you. Find out what are the solutions for these cases here.

If you or someone you know needs expert advice from our specialist team of family lawyers, phone us on 1800 600 664 or complete the contact form on this page.

  • DNA Testing

    There are cases where parentage is an issue. The Family Court has the jurisdiction to make orders requiring the parties (and the child) to undergo DNA testing.  

    DNA testing is usually sought for one of the following reasons:

    1. The mother has applied for child support, but the father is not on the birth certificate and doesn’t agree he is the father; or
    2. The mother won’t agree to include the father’s name on the child’s birth certificate; or
    3. There are parenting proceedings and someone raises doubts about the child’s parentage.

  • Presumptions

    In some cases, there are “presumptions” about the parentage of a child. For example, if you are in one of the following scenarios, you are “presumed” to be a parent of the child for family law purposes:

    1. The parties were married when the child was born; or
    2. The parties were married, then separated but resumed living together within 44 weeks of the child’s birth; or
    3. The parties lived together between 44 weeks and 20 weeks before the child was born; or
    4. The parties are registered on the child’s birth certificate; or
    5. The father signs a document acknowledging he is the father.

  • Parentage Matters

    If the court makes orders for DNA testing, the court can then make a declaration of parentage. If a person refuses to comply with an order for a DNA test, the court is able to draw an inference that they are refusing to take the test because it would show they are the parent of the child.

    This evidence can be given to the Child Support Agency (for child support purposes) or Births, Deaths and Marriages (to be included or removed from a birth certificate). The clarification of parentage can also have an impact on court proceedings regarding parenting matters.  

    If you have concerns about the parentage of your child especially for de facto relationships, or you believe you are a parent of a child but have not been registered on the birth certificate, you have options available to you. Find out what are the solutions for these cases here.

    If you or someone you know needs expert advice from our specialist team of family lawyers, phone us on 1800 600 664 or complete the contact form on this page.








At Taylor & Scott, We Care For You

Take advantage of having us on your side.


Over 118 years of expert legal advice

You'll receive over a century of hard-fought litigation, highly skilled and successful negotiation experience across our firm.

No Win No Fee
Guarantee*

When it comes to Personal Injury, Compensation and Motor Vehicle Accident claims, if we don’t win, you don’t pay*.

Skilled, professional & specialised lawyers

We'll pair you with the best lawyer for your case, no matter the cause.

Honesty, integrity & transparency

You get strategic advice 
& strong representation, 
with an honest & 
transparent approach.

Get Started Today




FIND OUT HOW TO MAXIMISE YOUR CLAIM TODAY

With over 118 years of hard-won wisdom, you are in safe hands.

Enquire Online           1800 600 664

Contact Us

12/276 Pitt St, Sydney NSW 2000
Phone: 1800 600 664
Fax: (02) 9265 2555
Other offices located in Parramatta, Campbelltown, Newcastle & Wollongong (by appointment)

Compensation

Read more

Services

Commercial And Business Law
Employment
Family Law
Property
Wills & Estates
Migration

Success Stories

Dust Disease
Health Waiver
Medical Negligence
Migration
Motor Accidents
Family Law
Slip & Fall
Will Disputes
Work Injuries

JOIN THE CONVERSATION

No Win No Fee Policy — Our Guarantee to you*
Disclaimer/Terms of Use
Privacy Policy
Copyright © 2022 Taylor & Scott
*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
Liability limited by a scheme approved under Professional Standards Legislation.

No Win No Fee Policy — Our Guarantee to you* Disclaimer/Terms of Use Privacy Policy Copyright © 2022 Taylor & Scott
*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
Liability limited by a scheme approved under Professional Standards Legislation.
  • Home
  • Compensation Law
  • Motor Vehicle
  • Our Services
    • Commercial And
      Business Law
    • Employment Law
    • Family Law
    • Migration Law
    • Property Law
    • Wills & Estates Law
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Andrew Woo
    • Jessica Cook
    • Donna Begnell