My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.
The paternity test would not be part of the divorce application but part of the application for where the children live.
The divorce is not connected with the children. If they have been separated for 12 months they can apply for the divorce.
Provided the children are spending time with both of them there is no issue. The paternity will play a larger role in any child support to be paid and this is not dealt with by the court. If she is refusing to have a paternity test your partner needs to seek a court order for it to be done.
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