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Ropata v Hohepa [2020] NZFC 11065

Published 13 August 2021

Declaration as to paternity — balance of probabilities — family dispute resolution — Status of Children Act 1969, s 10. The applicant sought a declaration from the Court that he was the father of the respondent's child. The respondent mother refused to participate in the proceedings and would not consent to a DNA blood test. The Court had to be satisfied on the balance of probabilities that it was more likely than not that the applicant was the biological father of the child. The applicant submitted that he had had an on-again-off-again sexual relationship with the respondent over three years including at the time that the child had been conceived, and he had not used any form of contraception. He acknowledged that he was aware that the respondent was also involved in sexual relationships with three other men at around the same time. The applicant and respondent had participated in family dispute resolution (FDR) and one of the outcomes was in relation to contact between the child and the parties, where the applicant was referred to as "dad". The Judge noted it was unlikely that the respondent would have participated in FDR where the applicant was recorded as the father and that there was to be ongoing contact with the applicant unless she was satisfied that he was the father. There was also the fact that the respondent had given the child a hyphenated surname of the parties' surnames on the child's birth certificate. The Judge was satisfied to the required standard that it was more likely than not that the applicant was the father of the child. The Judge made a declaration accordingly. Judgment Date: 9 December 2020. * * * Note: names have been changed to comply with legal requirements. * * *