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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44181
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm in a very horrible situation. I have a nearly 5 year

Customer Question

I'm in a very horrible situation.I have a nearly 5 year old son, whose father has had nothing to do with him, though he is the father as I was not sleeping with anyone else,
He was threatening during pregnancy and family was abusive, I was only 14 years old when I fell pregnant.
He is aware he is the father .He now has a partner who is pregnant a friend showed me, she is very young (underage ) and he is an adult. He is participating in the pregnancy and they are engaged,I'd like her to know and want my son to have rights to see his sibling if he has one one day. And was wanting to get him to do a test, but I'm really afraid he will get rights to see him, and I don't want to risk it happening, my son is sensitive and I feel he is dangerous though I want it to be out that he is the father, please give me advice, what do I do.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

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 this is not legal advise Please understand this is not legal advice but a guide to assist you.

If you go down this path then the court may make orders that he see his son.

In order for him to have a DNA test you have to contact him and if he refuses then you have to go to the Family Court.

If you do not wish him to have contact I would suggest you do nothing at present and wait until your son is older and the current partner has her child and then make contact with her.

If she is underage he has committed a criminal offence and the police can charge him.

There is no law though that says a child has the right to know their siblings.

Also as he is the father of your son, if you decide to go to court and have him tested you can also claim chid support for your son.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 1 year ago.
What is the paternity test process
Expert:  Leon replied 1 year ago.

Good Evening

The person that wants the test has to ask for the other parties consent. If it is refused then they can apply to the court to get orders for the test to be done.

You all attend at a testing service and they take cells from the father mother and child and then they provide a report.

Customer: replied 1 year ago.
Should I get a lawyer to do all this for me?
Expert:  Leon replied 1 year ago.

Good Morning

Usually it is best to have a solicitor act for you. As it involves your child you may be eligible for legal aid but you have to apply.

But yes have a solicitor assist you.

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