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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22498
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am seeking a paternity test of my son (supposedly). The

Customer Question

I am seeking a paternity test of my son (supposedly).
The mother has denied this.
We have had a court hearing in which the judge denied my application.
I was ill prepared and i rambled on the stand, supposedly contradicting my affidaviit.
my lawyer failed to prepare me for this hearing.
where can i go from here
i am 99% sure this is not my kid, but cannot prove as the mother will not agree to a test
he is 17 years now and i am still paying child support.
Submitted: 12 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.

The main problem is that under the act of parliament about paternity, (The Status of Children Act) you cannot raise this after the child turns 6. It is possible to use DNA evidence which would be definitive, but getting this is difficult without consent. If it was possible to obtain a sample of saliva or hairs from the child you could get these tested. But to get those samples you would either need consent or obtain them covertly.

Expert:  Chris The Lawyer replied 11 months ago.

The test under the Family Proceedings Act is-

Time limit on applications for paternity orders

  • (1)Subject to subsection (2), no application for a paternity order in respect of a child may be made after the expiration of 6 years from the birth of the child.

    (2)An application for a paternity order in respect of a child may be made after the expiry of the period specified in subsection (1)—

    • (a)where at any time within the 2 years immediately preceding the making of the application, the respondent has—

      • (i)contributed to or made provision for the maintenance of the child; or

      • (ii)lived with the mother as if he were her husband or civil union partner; or

    • (b)where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child :

    • (c)where, at any time before 1 July 1992, the respondent has been named as a liable parent for the purposes of sections 27I to 27ZI of the Social Security Act 1964, and the bringing of an application for a paternity order is subsequentl

Customer: replied 11 months ago.
i have had a court hearing in which the judge denied my request for declaration of paternity. I am not sure where to from here?i have been told i cannot appeal?
Customer: replied 11 months ago.
the child is 17, the mother and i dated for 5 years between 2006-2011
Customer: replied 11 months ago.
i wonder about paternity fraud??? i know for a fact the mother had sexual relations with a few people at the time she conceived. she sent be the consent form for birth certificate and i stupidly signed without a dna test... She and i both know this is not my kid, we ned to resolve it as it has been 17 yrs
Expert:  Chris The Lawyer replied 11 months ago.

Unfortunately the court route may now be closed, as appeals are not possible as you know. That is why I suggested seeing if you can either ask for a sample for DNA testing or perhaps obtain one if that is possible.

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