Family Law: Paternity Test Request rejected by Court

Best Interests of the Child – The Family Law Principle as applied in one instance

On 17 February 2011 the Federal Magistrates Court refused a mother’s request for her ex husband, and father of her child, to undergo a paternity test. The mother told the court she believes she fell pregnant during a short separation from her husband, and, therefore, considered that the child deserved to know who her real father is.

The court refused to order that her child and her former husband submit to paternity testing procedures and concluded that the alternative may do more harm than good as the child is now 12 years of age and has grown up to know the former husband as her father.

This decision sends a clear message that Family Law proceedings involving children may not to be used as an opportunity for parents to ‘score points off each other’.

The Court expects that parents should strive to have a strong co-parenting relationship where the child’s best interest is the central consideration of the parents.

For further information on what you can do to ensure your child’s best interests are met please contact:

Carlos Turini at: cturini@elringtons.com.au or

Phone  the Family Law Team on (02) 6206 1300