Chantelle Bramson v Ed Hollis [2016] NZFC 2030

Published 31 July 2016

Paternity order — Family Proceedings Act 1980, ss 49, 49(2)(b). A declaration as to paternity was made, and costs awarded against the father. Although s 49(1) of the Act places a time limit on applications for paternity orders at the expiration of 6 years from the birth of the child, the Judge was able to rely on the exceptions in s 49 to grant the order. Relevant was s 49(2)(b), which allows a paternity order to be made after the time limit “where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child”. The Judge found evidence of such an admission, allowing the exception to operate. Costs for legal aid on a solicitor and client basis were awarded against the father as his conduct was deemed to have created the need for the proceedings. **Note: names have been changed to comply with legal requirements.