My wife and I have 2 children. Our relationship is in trouble. I now question whether my youngest child is my child. Can I take any legal action?

16/07/2014

Not at this stage.

A Court has power under the Family Law Act to make orders for parentage testing but it must have an application before it that raises the issue of parentage. Any testing, to be evidence in a Court hearing, must be carried out in accordance with regulations. Accordingly, even if you took a DNA sample from your wife; your child and yourself and submitted it to a laboratory for testing the test results will not be evidence in the Family Court (or Federal Magistrates Court exercising its powers under the Family Law Act). Lawyers at Watson & Watson can assist you understand this issue and other issues relating to parenting and property under the Family Law Act.

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