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Other Orders Relating To Children Legal aid is available for other orders relating to children arising under the Family Law Act 1975. A grant of legal aid for these types of matter is subject to means test A, merit test B, and Commonwealth general family law guidelines. Paternity Legal aid may be granted to an applicant seeking or opposing a finding of paternity, or seeking an order for parentage testing, if (i) the Commission’s Child Support Unit or Service or some other appropriate service cannot assist, and (ii) either party denies that the male party is the child’s father, and (iii) the male party whereabouts are known, and (iv) in a case where a finding of paternity is sought for child maintenance or child suport matters – there is good reason to believe that the other party has the capacity to pay maintenance for the child. If a male applicant denies he is the father of the child, he must give the Commission adequate reasons to support the denial and agree to submit to parentage testing. Legal aid granted for parentage testing should be granted on the condition that the applicant seek an order for the costs of the testing, unless that other party is also receiving legal aid. |
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