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McKay v Holden [2020] NZFC 4345

Published 31 January 2022

Declaration as to paternity — address for service — substituted service — balance of probabilities — Family Proceedings Act 1980. This was an application by a mother for a declaration of paternity against the respondent for the child. The applicant had not been able to provide an address for serving the respondent with papers, and a substituted service was made by way of advertisement in a local newspaper informing the respondent of the application. The respondent had made it clear to the applicant when she informed him that she was pregnant that he did not want have anything to do with the child, but raised no objection to the fact he might be the father. He made no appearance at the hearing. The Judge determined, based on a medical certificate provided by the applicant's midwife and information the applicant provided about the parties' sexual relationship, that on the balance of probabilities the respondent was the biological father of the child. The Judge made a paternity order against the respondent accordingly. Judgment Date: 16 June 2020. * * * Note: names have been changed to comply with legal requirements. * * *