NSW My Biological Father's Family Denying DNA Testing - What to Do?

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Elke Burnett

Member
24 September 2018
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Hello

I am an 18-year-old born in NSW. My mother passed away in 2016 and I began to look for my dad. He is not on the birth certificate, however my mother told me his name. I have photos of them together. She kept a diary of 1999 documenting the time of my conception and pregnancy and he also contacted my grandfather within that year asking if she was pregnant.

I found his address in 2016 after my mum died and went to his house looking to reach out. He acknowledged me as his daughter but I came back a week later and he told me he didn't believe me and my mum was a slut who was on drugs and he called the police and that I'm harassing him. There is substantial witness evidence that he is my father, not to mention he is denying having a DNA testing...

My father is known to be mentally ill + addiction problems so I wasn't surprised at his anger with me. From what I know, his only other living family is his mother who is also mentally ill? And his half sister.

Fast forward, I noticed his house had been sold (the house he had lived in since he was a child and lived alone in), so I contacted the real estate agent through text explaining my position and wondering if I could know if he had died or moved out. With no reply, I reached out to somebody who knew my father and they instructed me to email his half sister. I did so.

Today I received a call from his mother, explaining I have no right to contact them. I'm harassing them and I am a stranger to them and they don't acknowledge me.

She wasn't making a lot of sense and explained she had called the police and a solicitor and I should never contact them again.

Legally I feel like there must be something I can do. I have the money to get a lawyer, and I don't feel like she has any case against me. All I want to get is a DNA test.

Sorry for the long backstory. What can I do?
 

Rod

Lawyer
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27 May 2014
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I think your first step is to seek help in understanding why you want to contact your father. Some counselling may assist you.

It seems to me you are opening yourself up to a fair bit of stress in attempting to contact people who have told you they are not interested in contact. It may well be their mental disabilities causing this behaviour, but the end result for you is still stress and possible heartache.

Even if the counselling only prepares you better for contact, it could be money better spent than on a lawyer at this stage.
 
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sammy01

Well-Known Member
27 September 2015
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Firstly, I'm sorry for your situation. But as this is a law forum, my opinion is to move on. There is little the law can do.

If you dad doesn't want involvement in your life, you can't make him. Again, I feel sorry for you, but legally I don't really know what you're hoping to achieve.

My opinion - let your grandmother know a contact detail / email and invite them to contact you if they choose. I think that is about all you can do.

Please feel free to ask us here any specific questions about what you'd like to achieve through the legal system and I'm sure the good folk here will offer good opinions.
 

Migz

Well-Known Member
20 November 2016
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Elke its a crap situation, but I have to ask WHY? WHY, would you like to have a relationship with someone who does not? (I'll bet it's for closure, understandably) you just want that one afternoon of coffee and cake and ask a million questions...we all want that, and even if you got it, most of the answers would be lies anyway. I tell you what to do... book a flight to Nepal, go find a tour guide, one that you are comfortable with, and Hike across the mountains for a week, take it all in, will it get you your answers, Nope but you will have lived a great experience :)
 

Elke Burnett

Member
24 September 2018
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Elke its a crap situation, but I have to ask WHY? WHY, would you like to have a relationship with someone who does not? (I'll bet it's for closure, understandably) you just want that one afternoon of coffee and cake and ask a million questions...we all want that, and even if you got it, most of the answers would be lies anyway. I tell you what to do... book a flight to Nepal, go find a tour guide, one that you are comfortable with, and Hike across the mountains for a week, take it all in, will it get you your answers, Nope but you will have lived a great experience :)
Isn't there any way I can get a court ordered DNA test so I can legally add him as my father on my birth certificate or something?
 

sammy01

Well-Known Member
27 September 2015
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Yes apply to court - the court will open up avenues to find him so that he can pay child support
 

Migz

Well-Known Member
20 November 2016
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719
I don't think he will be paying child support as she is already 18. But should she be his daughter and he passed away then she can legally contest the will.

To answer your question yes you will need to apply to the Federal circuit court to get orders to carry out the DNA test... Better yet buy him a beer at the pub and when he's finished it say you'll by 2 more and as you walk back up to the counter with the empties just swipe the one he was drinking from and get it tested :) cheaper and faster than fed court