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Parentage testing for child support (male applicants)

Assessment criteria

For legal aid to be granted for male applicants to obtain parentage testing, the following tests must be satisfied:

  • The applicant meets the means test, and
  • The applicant meets guideline 8 – paternity, and
  • The male applicant has been assessed by the Child Support Agency to pay child support for the child, and
  • The male applicant is not serving a jail sentence exceeding 12 months, and
  • The child is not 18 years of age or older, and
  • The applicant meets the merits test.

Documentary requirements

Application received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

  • a completed and signed Legal Aid Queensland application form
  • proof of income and assets (refer to the means test)
  • copies of any relevant documentation.

Application received from preferred supplier or in-house practitioner

Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:

  • proof of the applicants income and assets (refer to the means test)
  • copies of any relevant documentation.

The following documents are retained on file but may be requested by Legal Aid Queensland:

  • a completed and signed Legal Aid Queensland application form.

Interpretation

The applicant has adequate reasons to support the denial of paternity and agrees to submit to parentage testing

Legal Aid Queensland may consider there to be adequate reasons if:

  • there are genuine reasons for doubting the applicant is not the father of the child, and
  • there is independent evidence to support the applicant’s reasonable doubts as to paternity, for example:
    • A friend or neighbour told the applicant that the mother was seeing someone else at the time of conception an the applicant has a statutory declaration from that person.
    • The mother has agreed in writing to DNA testing.
    • The applicant was in prison when the mother conceived and provides a letter from prison stating incarceration dates.
    • The applicant was working interstate or overseas when the mother conceived and provides a letter from employer stating dates away.
    • The mother has made a statement denying the applicant is the father, or that another person is the father of the child and the applicant provides a copy of relevant facebook entry, text message, email, court document (eg DV proceedings).

The male applicant has been assessed by the Child Support Agency to pay child support for the child

The applicant is require to produce evidence that the applicant is required to pay child support for the child, such as a letter from the CSA.

If there is no child support liability, a grant of legal assistance will not be provided.

Allocation of a solicitor

Applications parentage testing will be referred to the in-house family law team unless there is a conflict of interest.

Grant(s) of aid

The grant of aid to investigate and attempt to resolve proof of parentage is CS1.

Extension(s) of aid

  • The grant of aid to arrange parentage testing and obtain statutory declaration is CS2.
  • The grant of aid to arrange for an additional sample to be taken for the purposes of parentage testing is CS3.
  • The grant of aid to arrange parentage testing where the other party is overseas in a reciprocating jurisdiction and obtain statutory declaration is CS4.
  • The grant of aid for application for interim orders relating to substituted service is CS5.
  • The grant of aid to obtain a standard parentage test is DNA1.
  • The grant of aid to obtain an additional standard parentage test is DNA2.
  • The grant of aid to obtain an overseas parentage test is DNA3.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).

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