no father on birth cert. Centrelink wont pay until someone is on there help

[Jennifer13]

Not meaning to be cruel, but has his parternity been tested and proven? I would be seriously thinking of having this checked before worrying about him being in trouble. I am not suggesting the girl is deliberately duping him, but they are young and both not necessarily responsible enough to have made great decisions here.

[LionsandBears]

Can you verify this? I'm not sure it's true. If he is the biological father of the child, those rights remain.

I'd like to clear this up. It's quoted alot and if you get people running about not listing fathers on b/c for their own agendas it does more harm than good.

Actually, I found I made an assumption. Like most assumptions, turns out I?m wrong (or at least not 100% right) , so I apologise for that. He does have legal rights, but he may find it difficult to prove his paternity legally. If he tries to prove he?s the father, then various government agencies will know the mother lied about not knowing who the father is and there?ll be further consequences.

It seems, to be legally deemed to be the father, he needs:

• to named on the birth certificate, or
• get a court order
• fill out a stat dec based on DNA testing result - this is for CSA

I'm not 100% on this - I can't find a whole lot of information about establishing paternity in WA. There's a lot about people denying paternity, but not establishing it.

Research I?ve found includes:
The Births, Deaths and Marriages Registration Act 1998 requires that a child?s birth is registered within 60 days of the birth and that both parents complete and sign a Birth Registration Form provided to them by the hospital or midwife.
Adding father's details

Both parents are jointly responsible for having the child?s birth registered.
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1998 - SECT 15
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1998 - SECT 18

False representation can lead to a fine of $10,000.

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1998 - SECT 59
59 . False representation
A person must not make a false or misleading representation in an application or document under this Act, knowing it to be false or misleading.
Penalty: $10 000

Other research:

There are two ways of establishing paternity. The first is under the Family Law Act. The second is under the Status of Children Act 1974 (Vic.)
The Family Law Act establishes certain presumptions of parentage. Like all legal presumptions, they may be counteracted by proof to the contrary on the balance of probabilities.
In other words, the Family Law Act presumes that the man is the father of any child arising from the following:
? Marriage
? Cohabitation (or the child being born within 20 weeks of the party separating)
? Acknowledging paternity by an instrument such as a birth certificate

I haven't been able to find the WA equivalent to the Victorian Status of Children Act.

A person caring for a child born outside marriage can claim child support from the other parent in the same manner as for a child of a married relationship. Where the child is in the care of the mother and the father's name is not on the birth certificate, and he does not sign a statutory declaration to formally admit paternity, it will be necessary to first establish paternity in the Family Court.
DE FACTO RELATIONSHIPS

Failing to have the father?s name on the birth certificate will not prevent them from seeking Family Court Orders in relation to the child should you separate. Even if the individual is proven not to be the father through DNA testing if they have been a father figure to the children a court may decide that it is in the children?s best interests for them to continue having contact with them.

Media: Backgrounder: Paternity - Child Support Agency (CSA)
CSA - The Guide - 2.1.3: Parentage
Legal Aid - Western Australia
http://www.legalaid.wa.gov.au/page/L...%20Testing.pdf

I know some of the sources above are not WA specific, but as they pertained to the Family Law Act, not a State Act, I included them.

Resources that may be useful:

WESTERN AUSTRALIA
Grandparents Support Group(08) 9332 5469
Men's Confraternity Inc(08) 9470 1734
Men's Equity Network(08) 9246 1102
Perth Lone Fathers Association(08) 9470 1153
Dad's Landing Pad(08) 9403 3217 ORIA
Family Law Reform Party(03) 9387 7044
Grans Victoria(03) 9796 5442
Fathers for Family Equity(03) 9878 6588
Lone Fathers Association (Shepparton)(03) 5824 1425
Parents Without Rights(03) 9568 3349

I haven't been able to find out 100% how he can prove he's the father if he isn't named on the birth certificate. It looks like he'd have to go to Court to prove it. Don't know the process, but seems a very painful way to go about it.

GL

[Lulu]

Whoa Tashy! Bea has explained they both want him to be on the certificate - they are only denying it (so to speak) out of fears he will get a icky mark on the record.

xoxoxo

[LimeSlice]

Ok. This is the story as far as the Sexual Assault Squad in Perth is concerned:

1. There is no such thing as "statutory rape" - it is sexual assault/penetration of a minor.

2. His name on the Birth Certificate has nor bearing to Police whatsoever. It is a non-issue.

3. PUT HIS NAME ON THE BIRTH CERTIFICATE - if not, it will create problems down the line.

4. If her parents and the girl are unwilling to press charges or make a complaint, then no charges can be brought, nor will the police investigate without her complaint.

(IE: Are the parents happy? If her parents want to make a formal complaint, he will be investigated.)

5. She will encounter problems from 2 avenues due to MANDATORY REPORTING LAWS:

- A) The hospital where she gave birth - given her age, they should have already reported this to the Department of Child Protection/Police

- B) The school (I am assuming she is returning to Balga High?). As she is 14 with a child, they are REQUIRED to report this under the mandatory reporting laws in WA.

The results of either/both such reports will be the police will approach the girl and her parents. As above however, if neither are willing to make a complaint or talk about it with police, that is the end of the investigation.

HOWEVER - due to the fact that this girl has 2 older sisters with young children, one of whom is still considered a minor (17 year old), the DCP COULD become involved, if there is a suggestion that her PARENTS are not behaivng appropriately to protect their children from harm (IE under age pregnancies and sexual assault)

6. NAME HIM. If she does not, obtaining CS etc later will be made difficult.

7. IF he were to be charged (IE the parents of she makes a formal complaint) it is UNLIKELY (although not impossible) that he could go to jail - his continued responsibility to the child would be taken into account.

8. IF he were charged and found guilty (which he would be) then he would be a PERMANENTLY REGISTERED SEX OFFENDER which requires mandatory reporting to police for the next 15 YEARS at least. This would also prevent him from EVER working with children, the elderly, infirm and possibly prevent him from travelling overseas in the future, among other things.

9. BE OPEN AND HONEST AS POSSIBLE>>>> THIS WILL HELP IN THE FUTURE SHOULD ANY LEGAL ACTION BE TAKEN>>>>ORGANISE A LEGAL CUSTODY AGREEMENT TO PROTECT BOTH HIM, HER AND THE CHILD (from each other AND her parents)


I hope this helps. As I said this is from a senior member of the sexual assault squad in WA.

Her naming him on the birth certificate will not automatically involve the police - they will not even know about it.

Dealing with the mandatory reporting issues such as the school will be a much more important task.
Speak to the principal at Balga though, they have dealt with all of this obviously for some years now and will know what their obligations are.

It seems more than likely that the DCP will become involved to some extent though due to her VERY young age.


HTH

[maz]

My head has just been blown away

[LimeSlice]

by which part Maz?

[YoYo]

Just want to say that i hope this all works out for the best. I think honesty is the best policy and think it's best for the little one in the future.

My Dad is listed on a birth certificate, knowing FULL WELL he is NOT the father, and I'm assuming that will have an impact on him and his 'son' later in life too.....

It's always found out, and if he wants to be on the BC then do it now I say and deal with the consequenses now too. It's already all happened, they have a child together...that can't be taken back now.

Good luck to the family

[maz]

I just cant get over all the in's and out's of it all

Be done with it...have him just put his name on the birth certificate. Whats done is done...its not like he can pull out now