De Facto Parentage Declarations (Mother Applicant) - Western Australia - Contested Testing - Section 198 Adverse Inference Pathway

Jurisdiction: Family Court of Western Australia. This fork covers the contested adverse inference pathway. It forks from the parent de facto parentage plan.

The Process at a Glance: Verify that the respondent has failed to attend laboratory appointments or has formally refused testing. Draft a Form 2 Application in a Case and supporting affidavit seeking s 198 adverse inference orders. Lodge the application via the eCourts Portal WA and personally serve the respondent. Represent the client at the interim hearing, presenting the non-compliance evidence and asking the court to infer paternity. Once a s 194A declaration is obtained on the balance of probabilities, update the Registry of Births, Deaths and Marriages and lodge child support claims with Services Australia.

Key Legislation and Case Law: Parentage testing orders are made under Section 195, and adverse inferences are drawn under Section 198 of the Family Court Act 1997 (WA). Rebutting presumptions is governed by Section 193 on the balance of probabilities. Registry amendments are made under Section 18 of the Births, Deaths and Marriages Registration Act 1998 (WA). Retrospective child support is governed by Section 106A of the Child Support (Assessment) Act 1989 (Cth). Case law includes In the Marriage of H [1981] FamCA 22 and L and C [2018] FCWA 23. eFiling is executed at the eCourts Portal WA at https://ecourts.justice.wa.gov.au/eCourtsPortal/.

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