Guideline 8 – parentage

VLA may make a grant of legal assistance to seek or oppose a finding of parentage by a court or to seek an order for parentage testing if:

• VLA’s Child Support Legal Service or some other appropriate service cannot assist (see below)
• either party denies that the male party is the child’s father
• the male party’s whereabouts are known
  and
• if a finding of parentage is sought for child maintenance or child support matters:
  • a child support service or liable parents information service cannot assist
    and
  • there is good reason to believe that the other party has the capacity to pay child maintenance or child support for the child.

However, if the person seeking a grant of legal assistance denies he is the father of the relevant child, then VLA will not provide a grant of legal assistance unless he:

• gives VLA adequate reasons to support his denial (see below)
  and
• agrees to be parentage-tested.

The following are examples of ‘adequate reasons’ to support a denial of parentage:

• there is good reason to believe the male party is infertile
• the male party had no contact with the mother during the likely period of conception because he was interstate or in custody
• there is good reason to believe the female party had other sexual partners during the likely period of conception.

Assistance for parentage testing is usually conditional

Usually, VLA will only make a grant of legal assistance for parentage testing on condition that the person requesting assistance seeks an order from the court for the costs of the testing. However, if the other party to the proceedings is also receiving a grant of legal assistance, this condition will not be imposed.

Usually, VLA will provide a grant of legal assistance if either:

• the person seeking assistance cannot rely on a presumption of parentage
• the person seeking assistance needs to rebut a presumption of parentage.

Parentage applications connected to issues about with whom a child should live or spend time

Usually, if the person seeking a grant of legal assistance can otherwise demonstrate they are significant to the care, welfare and development of the child, VLA will not provide a grant of legal assistance for parentage applications that are connected to issues about either:

• with whom a child should live
• with whom a child should spend time.

Examples of where VLA will not usually provide a grant of legal assistance for a parentage application in cases about with whom a child should live or spend time:

• The male party lived with the child for several years before separating. He doubts that he is the biological father of the child and does not intend to pursue a parenting order that the child spend time with him unless a parentage test confirms that the child is his.
• The male party was the primary carer for the child during the relationship. He seeks a parenting order that the child live with him. The mother’s affidavit alleges the male party is not the biological father.

Examples of where VLA may provide a grant of legal assistance for a parentage application in cases about with whom a child should live or spend time:

• The child is three months old. The mother is refusing the male party’s request that the child spend time with him. The mother alleges that the male party is not the biological father.
• The male party has not spent any time with the six-year old-child for the past three years. The male party now wishes to spend time with the child again. The mother alleges that the male party is not the child’s biological father.

Child Support Legal Service

VLA’s Child Support Legal Service:

• gives advice about parentage testing
• makes arrangements for parentage testing
• provides representation in court.

The Child Support Legal Service regularly visits VLA offices and most major regional centres. The service may also help people by telephone.

VLA will not make a grant of legal assistance to a person if the Child Support Legal Service can help them.

Documentary requirements

Applications under this guideline are within the simplified grants assessment process or the standard grants assessment process.

Standard grants assessment process

Lawyers or other applicants seeking a grant of legal assistance via the standard grants assessment process should forward all of the following documents to VLA for assessment:

• a completed VLA application form
• the client’s instructions (if the application is made via a lawyer)
• a statement of the issues that are in dispute
• confirmation that VLA’s Child Support Legal Service or other service provider cannot assist the client
• a copy of the parties’ affidavits, clearly identifying the relevant parts of the evidence forming the basis of their client’s case
• copies of any other documents relied upon to meet guideline 8
• relevant proof of means.

Simplified grants assessment process

Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit a completed simplified VLA application form and a family law checklist only after ensuring that the following documents are retained on file unless they are requested by VLA for assessment:

• their client’s instructions
• a brief statement of the evidence to be relied on (and, if a statement or piece of evidence determines a particular issue, then the file note must readily identify the statement or evidence so that VLA can review the file for compliance)
• a brief statement of the lawyer’s opinion about how the matter meets the Commonwealth’s merits test and guideline 8, if this is not clear from other information on the file
• a copy of the parties’ affidavits, clearly identifying the relevant parts of the evidence forming the basis of their client’s case
• copies of any other documents relied upon to meet guideline 8
• relevant proof of means.

Lawyers are also encouraged to complete a family law merits worksheet and a proof of means worksheet for their file.