Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 8 Paternity| Paternity |
Guideline : Cwth
Number: 8 Effective Date: 15/7/10 Law: Cwth Family |
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| 8.1 | Assistance for Proceedings Relating to Paternity of a Child | ||||
| (1) | The Commission may make a Grant of Legal Assistance to an applicant for assistance who is seeking or opposing a finding of paternity by the court, or seeking an order for parentage testing, if: | ||||
| (a) | the Commission's Child Support Unit or Service or some other appropriate service cannot assist, and | ||||
| (b) | either party denies that the male party is the child's father, and | ||||
| (c) | the male party's whereabouts are known, and | ||||
| (d) | in a case where a finding of paternity is sought for child maintenance or child support matters, there is good reason to believe that the other party has or will have the capacity to pay child maintenance or child support (as the case may be) for the child. | ||||
| (2) | If a male applicant for assistance denies he is the father of the relevant child, the Commission should not make a Grant of Legal Assistance unless the applicant gives the Commission adequate reasons to support the denial and agrees to submit to parentage testing. | ||||
| (3) | Assistance may only be provided if the finding in relation to paternity is necessary for the determination of the substantive proceedings. | ||||
| (4) | A Grant of Legal Assistance for parentage testing should only be made on the condition that the applicant for assistance seek an order from the court for the costs of the testing, unless the other party to the proceedings is also receiving legal assistance under a Grant of Legal Assistance. | ||||