Declaration of non-paternity — application for stay of proceedings — jurisdiction — Trans-Tasman Proceedings Act 2010 — Status of Children Act 1969 — Family Proceedings Act 1980. In this civil proceeding in the Family Court, the applicant (resident in New Zealand) sought a declaration of non-paternity, and the respondent (residing with the child in Australia) sought a stay of proceedings on the grounds that the Australian Family Court has jurisdiction and was the more appropriate Court to determine the matter of paternity. The issues for the Court were whether the New Zealand Court had jurisdiction to determine the matter of paternity, and whether such a declaration would be a registrable New Zealand judgment in terms of the Australian Trans-Tasman Proceedings Act. In the Courts view both the New Zealand and Australian Court have jurisdiction to determine paternity and the New Zealand Court was the appropriate Court to determine the matter, however a declaration made in New Zealand could not be enforced in Australia under under Regulation 23 of the Family Law Regulations 1984, nor under the provisions of the Trans-Tasman Proceedings Act 2010. The court was not persuaded to make a declaration of non-paternity, but did not make a declaration of paternity as neither party had specifically requested one. In deciding not to make a declaration, the court considered discussions between the parties about the paternity of the child, evidence about whether the mother had engaged in sexual relations with anyone other than the applicant, and the nature of the relationship between the parties, including that they were not in a continuous, cohabitating or 'de facto' relationship. Judgment Date: 20 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *