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  1. #1
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    Default No father on Birth certificate, legal implications

    I'm 34 weeks pregnant. I dated a guy for 3 months and fell pregnant. He was abusive of me and I left him months ago. I have since got a DVO against him. I am not putting him on the BC as I don't want to make it easy for him to get visitation. My daughter will know who he is, I just believe he doesn't care and just thinks it's a big fun game to look cool with his mates. However in order to make it difficult I will need to lie and say I don't know who he is so he will have to pay for a paternity test and then start proceedings. I just want to know what I'm getting myself into before I dive into this mess.

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    Sorry I'm not sure but I'm also curious as my friend who is about due has left her husband due to him indecently touching a child. You think you know someone huh

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    From a purely legal standpoint I'd be very wary if you are sure he is the father.

    The courts can, and likely will order a paternity test. Generally both parties pay half each for the test. If he is successful in his application you may also have to pay some of his legal fees. The courts don't generally make costs orders in family matters but it is a possibility you should consider.

    If you knowingly lie and don't put him on the birth certificate it may come back to bite you down the track. For one, it may on face value affect your credibility. That's almost impossible to reestablish when it's gone.

    If you are concerned about your baby's safety with your ex there are other mechanisms in place to address such concerns.

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    I'll do anything to keep him away. Thanks ill look into it further. I just want to do what's best.

  5. #5
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    I didn't put my sons father on the birth certificate, I didn't have to lie about it either, I simply left that section blank, and no questions were asked. The father has to sign the certificate as well if his name is on it, and at that time FOB didn't want to be put on it.

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    I've claimed child support since then also, his father just had to write a stat dec stating that he is his father. I've had no legal ramifications from his father not being on his birth certificate despite him being listed with CSA and Centrelink as his father.

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    What ElectricPink said.

    It was the same for me.

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    You won't get some benefits from Centrelink unless you name a father or fill out a stat dec stating you don't know who he is.

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    Quote Originally Posted by Wise Enough View Post
    You won't get some benefits from Centrelink unless you name a father or fill out a stat dec stating you don't know who he is.
    Not quite...... you don't get full FTB unless a child support claim is put in. However, you can get an exemption from this requirement if you either don't know who the father is, or you see a Centrelink social worker and tell them about safety concerns. Seeing as she has a DVO against the father, it would be acceptable grounds for an exemption for claiming child support.

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    OP, your best plan of action would probably be to simply leave the fathers section blank on BC, and make an appointment with a Centrelink social worker in regards to an exemption for claiming child support. You don't have to lie about not knowing who the father is, just explain that you have safety concerns and are no longer in contact with him (if that is the case).


 

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