Ames & Ames [2009] FamCA 825 | 4 September 2009

ON 4 SEPTEMBER 2009, the Family Court of Australia delivered Ames & Ames [2009] FamCA 825 (4 September 2009)

A father obtained a paternity test of his son without obtaining the mother’s consent. The father had lied to the son about his reasons for taking the swab.

Justice Dawes found that the specimen had been obtained improperly and used her discretion under s138EA to refuse to admit into evidence the laboratory report because of the threat of the integrity of the process as well as the improper way in which the specimen had been obtained.