17 June 2016
Hi
My client was informed by his wife that she has been having a long term affair and that there is a question over the paternity of their 2-year-old child.
My client views the child as his own. My client wishes to separate from his wife but maintain his role as father of the child.
If a paternity test establishes that my client is not the father, how will that affect his rights? And what rights might the actual father have?
Thanks.
Thanks for the question.
As a result of the child being born during the marriage, the husband is presumed to be the father: s 69P Family Law Act 1975. Following the paternity test the court can make a declaration of parentage: s 69VA.
Any person concerned with the care, welfare or development of the child may apply for parenting orders: s 65C. This includes grandparents and the husband.
The biological father may apply for parenting orders and will be liable for child support.
The matter is not without complexity. Whether the husband would succeed in an application will depend on many factors including what role, if any, the biological father might take in the child's upbringing.
Advice from family law counsel might be prudent.
Regards
Mentor
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