APPLICANT SEEKS FOR ANOTHER DECLARATION OF PARENTAGE DESPITE COURT’S DECLARATION OF THE SAME THREE YEARS AGO
Maddrey & Jane [2021] FCCA 866 (9 March 2021)
This is an application for the declaration of parentage for child support despite prior parentage declaration by the court under the Family Law Act made in 2018.
Facts:
This is an application for the making of declarations as to parentage. The court made some declarations as to the parentage of the particular child who is the subject of these proceedings in 2018.
That declaration was made under the provisions of the Family Law Act 1975. The court declared that the respondent to the proceedings was the father of the relevant child.
The application was necessary because the applicant had applied for child support and the application had been refused on the basis that the Registrar was not satisfied that the respondent was the father of the relevant child even if the court made a declaration under the Family Law Act that respondent was the father of the relevant child.
That apparently is insufficient for the Child Support Registrar to be able to determine the application for child support and the argument that it put is that it is necessary to make a declaration under S.106A(2)(a) of the Child Support (Assessment) Act 1989, that a person should be assessed in respect of the costs of the child because the person is a parent of the child.
Issue: Should the court make another declaration of parentage against the respondent for the purpose of child support?
Law:
- Child Support (Assessment) Act 1989 (Cth) SS.29, 33, 33(3), 33(3)(b), 106A(2), 106A(2)(a), 106A(2)(b), 106A(5), 106A(5)(a), 106A(5)(b), 106A(6)
- Family Law Act 1975 (Cth) S69VA
Analysis:
Having regard to what fell from the representative for the Child Support Registrar, that there was an obligation on the Registrar to accept or reject an application for child support when it is made – and there are certain statutory obligations about the time within which that might be done, and in this case, having regard to the fact that the application for child support was not accepted, and the only reason was because the Registrar was not satisfied about the respondent’s parentage, it seems that notwithstanding the declaration under S.69VA of the Family Law Act, there may not be retrospective operation of that declaration for the purposes of the Child Support (Assessment) Act.
As odd as that might be, the declaration that is now pressed by the applicant at the insistence of the Child Support Registrar would put it beyond doubt, apparently, that the application should be taken to have been accepted. It seems an awful lot of trouble, having regard to the fact that the respondent was always a parent of this particular child - and was declared to be so by the Court so long ago, but out of deference to the way in which the Child Support Registrar has determined that the Act operates, and in the absence of any contrary argument, the court is satisfied that it is necessary to make the declaration sought.
Conclusion: Application for declaration is hereby granted.
