QLD CSA Paternity Fraud Issue

[jwilson18]

I'm trying to avoid taking this to court - the Child Support Agency made a paternity decision (without my knowledge years ago). I want to put in an objection to dispute it on the grounds that I'm not on the birth certificate but I've read that paternity must be decided in court so -

My question is, if I object and demand (even get a court order?) that the children's birth certificate be presented to Child Support Agency, will that be proof enough to determine I'm not the father? Mother refuses to complete a non-court ordered paternity test that I've paid for and delivered to her (she agreed then after it was sent suddenly refused).

I've never received any paperwork from the Child Support Agency and only found out about this after they contacted the solicitor of the estate when I received a small inheritance from my grandmother. I've requested all info regarding myself under the FOI act from the Child Support Agency but it's gone ignored so still waiting on answers from a review by the OAIC. I honestly believe I won't get this sorted without forking out thousands to a solicitor as every single step has been a fight.

I posted a while ago about this paternity fraud issue and got some great info but these legal things take so long that I'm still fighting the slow fight (although everything at Child Support Agency is slow) and could do with a few extra opinions.

 

[Tremaine]

On what grounds did CSA make the decision about paternity?

 

[The Cheese]

My question is if I object and demand (even get a court order?) that the children's birth certificate be presented to CSA, will that be proof enough to determine I'm not the father?

I'm 95% certain that the answer is no. As you've mentioned, asking the Court for a section 107 declaration is probably the only option you have due to the lack of internal appeal options with CSA.

Sometimes CSA will apply some administrative law dark magic and will declare one of its own decisions as being invalid due to a jurisdictional error, usually due to an error of fact, law or denial of procedural fairness. This usually only happens when they refuse a new child support case due to a lack of parentage, but it turns out they had evidence of parentage before the decision was made, but the case officer missed it - or - CSA had already accepted a case where you found to be that child's parent before. The 'Operational Blueprint' document that they use for decision making can be found here - Correcting errors on Child Support cases 277-09030000

The difficulty is that you are in the opposite position. CSA would need to admit that they should have made the opposite decision based on the information available to them at the time the decision was made. Without your FOI request bearing any fruit, or someone from CSA telling you directly, you don't really know what presumption of parentage they used to make their original decision. For instance, showing them you aren't on the child's birth certificate won't really matter if you were in a defacto relationship with the mother 20 - 44 weeks prior to the child being born. CSA would see that as being enough to register a case with you as the parent, so you'd be back to square one.

Best bet is to go through court as at least that way the matter will be completely settled.

 

[Atticus]

I asked this in another thread of yours but didn't get an answer... but if you were living with her at any time during the period beginning 44 weeks and ending 20 weeks before the birth, CSA can use that as a presumption of parentage

 

[jwilson18]

I asked this in another thread of yours but didn't get an answer... but if you were living with her at any time during the period beginning 44 weeks and ending 20 weeks before the birth, CSA can use that as a presumption of parentage

I must have missed that sorry. I wasn't aware of that law and unfortunately I did live with here on and off whilst she was pregnant (young, dumb 19 year old me obviously didn't think that bit through!) but I can't remember if I'd changed my address to hers as a lot of my mail was still going to my parent's address. I'm under the impression that a family member (as I'm estranged from my family) has written to the CSA but what was stated, I don't know.

This matter was settled but one CSA employee told me that due to this statement and the mother pushing, it was reopened. As far as I'm aware there already was a person listed as the father (the man on the birth certificate) so how could they change that without seeing the birth cert - which they have told me they've never viewed. I'm just desperate to find a way around this "living with her whilst pregnant" clause.

 

[sammy01]

How old is the child?
Do you think it likely you're the dad?
You can reasonably deny living with her especially if you're name doesn't appear on any lease documentation for the property.

 

[Atticus]

I guess it's possible then that this person has confirmed that you were cohabiting with the mother during the presumption period... If you have any genuine doubt that you are the father, then a court declaration of parentage (or not ) may be the only way to settle this with all concerned