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beastie_babenz
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Topic: Birth Cert and Father Posted: 10 February 2006 at 4:08pm |
I am about to be a first time mum and the dad well! Ihave not heard from him since I told him I was preggy and I don't know what to do about the birth Cert as he said that he wants a test done cos he doesn't think the baby is his. Can anyone please help me with what i am to do or where I am to start.
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Xander&Harmony
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Location: Palmerston North
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Posted: 10 February 2006 at 4:33pm |
go into citizens advice beaureu(sp?)or theres usually a community law centre in most places which offer free advice.
I hope u can get some sound advice on what to do.if u get a paternity test done (seeing as HE asked for it) then HE HAS to pay for it.
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BECS
Angel Baby 10/07/09 (10wks4days)
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beastie_babenz
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Posted: 10 February 2006 at 4:45pm |
Ok then I will contact them thank you very much. That is what I said to him you want it you pay of it.
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Maya
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Posted: 10 February 2006 at 6:12pm |
If he refuses to sign the birth certificate, and opts for a paternity test which proves he is the father his name will be put on the birth cert whether he likes it or not.
Also, if YOU opt for the paternity test and he doesn't show up, the court will find in your favour and hisname will be put on the birth cert.
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 Maya Grace (28/02/03)
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  The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
 Lil miss:Chiara Louise Chloe (09/07/08)
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tania4
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Posted: 11 February 2006 at 8:51am |
When I went to WINZ to get a benefit when i had my 2st daughter(10yrs ago) my case officer offered to do something for me about the dad as he had refused to sign the Birth Cert,so maybe they could help you too  Hope it all works out for you,I think alot of people have been where you are right now.Dont worry and just think how great it is going to be to be a first time mum  (and dad)
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james
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Posted: 11 February 2006 at 10:47am |
winz wont do anything but pursure u into getting the fathers name on the b/cert as thats what happen to me and a couble of my friends they have changed quite a bit over the years (oh then they punch u in the gut by taking money off your benefit because the father wont sign as its all your falut and u r just a bluddger ) as u can tell it makes me real madd!!!!!!!!!!!!!!!! u will have to go to a lawyer and they can help u
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nikkitheknitter
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Posted: 11 February 2006 at 11:04am |
Crap... just typed everything out and accidentally pushed the back button.
Right... first things first, you must find a lawyer. Community Law Centre is a good idea. I found a private lawyer and had to pay a contribution of $50 and the rest was covered by Legal Aid as I am a student and on the DPB.
So providing your legal aid application goes through (or you can pay your lawyer) you create an affadavit and file a Paternity Order which is to get the father to sign the Birth Cert. If he refuses then he must request a Paternity Test (He'll also need a lawyer at this stage). If however he doesn't respond to the Paternity Order then a court date will be set and you and he will both have to appear at the hearing.
Providing he requests a Paternity test then you will have bloods taken as well as baby and compared with his. If the test is a positive match then he will be put on the birth cert automatically and you can file for child support.
If you are feeling rather nasty, then I would file for child support now. They will decline your request but you can ask them to put it on file and he will be liable to pay child support from the date that you make the claim. Oooooo I'm evil. Anyway, it all backfired on me as the guy I thought was my daughter's father turned out not to be. So yeah, good old karma.
The process takes months and months so I'd not be expecting results fast!
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beastie_babenz
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Posted: 12 February 2006 at 9:09am |
Thank you very much to everyone who have responded. All your information has been very helpful. Thank you very much agan.
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tania4
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Posted: 12 February 2006 at 9:49am |
I am in the middle of my 5 year olds donor wanting paternity testing done(he hasnt wanted to see her for 4yrs)and my lawyer tells me that the tests are done by oral swabs now  Yay!!Sorry,just added that for anyone who didnt want their kids going through blood test
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Maya
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Posted: 12 February 2006 at 6:28pm |
Also, WINZ cannot dock your benefit if you don't name the father. They do as a matter of policy, but if you contest it and fill in a form stating that you are unable to identify the father or that he refuses to sign the birth cert then they are obliged to pay the extra $22 (may be more now, that's how much it used to be).
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 Maya Grace (28/02/03)
 (02/01/06)
  The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
 Lil miss:Chiara Louise Chloe (09/07/08)
 Her ladyship:Rosalia Sophie Anais (18/06/12)
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james
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Posted: 12 February 2006 at 10:43pm |
well oh what they dont you!!! thanks maya will do that
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jdjzmum
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Posted: 26 February 2006 at 11:23am |
Wow, guys, totally blew me away. Hey, I've been there done that as well with my sons father. WINZ docked me for 3 years until the rat fessed up and said he was the father (only cos the dna tests proved it). They back paid me all that money (many thanks WINZ) and now we have a private arrangement. I too, went thru the legal aid system and the family court senario (he never showed up, more fool him) and allup he got stung $12,000 in court costs - his and mine. So doll, stick to your guns, go with all this good advice and all the best!!!! Looking forward to seeing pics of the new baby!!
Lots of hugs
Gaye
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