Legal redress for paternity fraud (letter)by Craig W. SaundersNews Weekly
, October 8, 2005
We refer to "Paternity fraud penalises the innocent" by Babette Francis in News Weekly
(August 13, 2005).
All reasonable readers of your magazine would appreciate that the situation caused by the wife was appalling.
We have recently been advised that the Family Law Amendment Act 2005 Commonwealth, being number 98 of 2005, introduces changes to the Family Law Act 1975 Commonwealth which, amongst other things, allows for the recovery of child maintenance paid by a person found not to be a parent and improves the existing parenting compliance situation.
We have consulted the new legislation.
From August 3 this year, if paternity is disproved in a matter in the Family Law Court of Australia, the new section 66X of the Family Law Act can be used by the wrongly paying parent to obtain orders for the reimbursement of the money or property that he had been paid or had been paying from the parent who should have been paying it in the first place.
As we understand the law, appeals could always be made to the Family Court from child support assessments of the Child Support Agency where paternity has been disputed.
It seems that the Federal Parliament has taken the necessary steps to redress the type of injustice faced by Mr Liam McGill.Craig W. Saunders,
Saunders and Standen Solicitors and Attorneys,