KAY & MABEN

In the matter of *Kay & Maben*, heard before Judge Scarlett, the applicant sought declarations regarding paternity and parenting orders concerning a child. The respondent had not filed a Response or an affidavit, but the parties had previously consented to DNA testing to determine paternity. The DNA test results confirmed the applicant's paternity. The applicant also sought orders for him to spend time with the child, a request that the respondent did not contest.

The court was required to determine whether to declare the applicant as the father of the child pursuant to section 69VA of the *Family Law Act 1975*. Additionally, the court needed to consider and make appropriate parenting orders, including orders for equal shared parental responsibility and the child's residence, while also addressing the applicant's request for time with the child. The court was to assess these matters in light of the best interests of the child.

Judge Scarlett reasoned that the DNA testing provided conclusive evidence of paternity, satisfying the requirements for a declaration under section 69VA. Given the respondent's non-contention of the parenting application and the absence of any evidence suggesting otherwise, the court found no reason to rebut the presumption of equal shared parental responsibility. The court considered the child's established residence with the respondent, who had been the primary caregiver, and determined that the child living with the respondent was in the child's best interests. The applicant was granted leave to proceed ex parte.

The court declared Mr Kay to be the father of the child X. It ordered that the applicant and respondent have equal shared parental responsibility for the child. The child X was ordered to live with the respondent mother, and the applicant father was to spend time with the child X as agreed between the parties.