Paternity Determination in Brisbane
In Brisbane, Queensland, determining paternity in family law cases involves a complex process guided by the Family Law Act 1975 (Cth). Central to this process is the presumption of paternity, which can arise from various circumstances such as marriage, cohabitation, registration of birth, court findings, signed acknowledgments of paternity, and artificial conception.
However, this presumption is not absolute and can be rebutted through evidence presented on the balance of probabilities. For example, if an alleged father refuses to undergo a parentage test, the court may consider evidence suggesting the improbability of him being the father.
Under Section 69W of the Family Law Act, if the paternity of a child is in question, the court has the authority to order a parentage testing procedure to gather information for determining parentage. However, this power is not intended for fishing expeditions or to satisfy a party’s doubts about paternity without substantial evidence.
In the case of Diggins [1991] FamCA 100, Mullane J emphasised that there must be a genuine issue regarding paternity supported by evidence before the court can order a parentage test. The court will only make such an order if the applicant has an honest, bona fide, and reasonable doubt, as noted by Butler J in F & R [1992] FamCA 86.
Section 69W also specifies that the court can make this order on its own initiative or upon application by a party or an Independent Children’s Lawyer representing the child’s interests under Section 68L. The order may be directed to the child, the mother, or any other relevant person related to the question of paternity.
Navigating paternity issues within the Family Law Act framework requires a deep understanding of the legislation and case law governing the court’s power to order parentage testing.
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