Concern:
The request pertains to obtaining child support and Australian citizenship for a granddaughter whose Australian father abandoned her before her birth. The child resides in the Philippines, and the father has not acknowledged paternity or provided any form of support.

∇ Legal Contemplator

Let’s begin with the basics. This situation involves two key aspects: (1) establishing paternity to ensure the child is entitled to support, and (2) navigating the citizenship process for an abandoned child with a presumed Australian parent. The two may overlap in terms of evidence and documentation, but the legal paths are distinct.

1. Establishing Paternity

Foundational Observations:

Child support generally requires legally recognized paternity.
If the father is Australian, the issue transcends jurisdictions: the child and mother are in the Philippines, while the presumed father is in Australia.
DNA testing is likely pivotal, especially given the lack of acknowledgment.
- Immediate question: How does one compel a foreign national (the father) to submit to DNA testing?
- Can courts in the Philippines handle such a demand, or would assistance from Australian authorities be necessary?

Initial Concerns:

The absence of paternity acknowledgment complicates things. Legal systems often prioritize acknowledgment before moving forward with financial obligations.
If the father denies paternity outright, the process to enforce DNA testing could require substantial effort and coordination between Philippine and Australian legal systems.
Is there existing proof, like communication or witnesses, that ties the father to the mother during the time of conception? Could these serve as circumstantial evidence?
- Even weak evidence could help initiate legal proceedings. However, weak evidence might also make the pursuit harder to sustain if the father contests.

Uncertainties:

Which jurisdiction should be approached first? The child resides in the Philippines, but the father is an Australian citizen. Philippine laws may lack enforceability over an absent foreign citizen.
- Is it better to initiate action in the Philippines, where the child is located? Or in Australia, where the father resides and where enforcement mechanisms for child support are stronger?
- Perhaps both? Dual-track efforts could increase the chance of success, but they would also demand significant resources.

Thoughts on Backtracking:

DNA evidence feels like the centerpiece here. If paternity is established, the father’s obligations, including child support and citizenship acknowledgment, become far more concrete.
- But what happens if DNA testing is refused? Courts could view refusal negatively, but that doesn’t directly establish paternity.
- Should we first investigate whether a legal precedent exists for compelling DNA testing across borders?

2. Child Support

Foundational Observations:

Australian citizens are generally obligated to provide financial support to their children, irrespective of the child’s location.
Enforcement across jurisdictions is tricky but not unprecedented. Treaties like the Hague Convention on Child Support provide mechanisms, but not all countries (including the Philippines) are signatories.
- Question: Does the absence of a treaty entirely block enforcement, or are bilateral agreements or alternative approaches available?
In Australia, child support is managed through the Department of Human Services (DHS). Could an application to this department work, assuming paternity is proven?

Key Challenges:

Can Philippine courts issue a legally binding order for child support, and will Australian courts honor it?
- Alternatively, could Australian courts independently issue a child support order based on Philippine evidence?
How does one navigate this while considering time and cost? Legal proceedings across two jurisdictions could be slow and expensive. Could mediation or direct negotiation with the father offer a faster path?

Further Questions:

Is the father’s financial situation known? If he lacks resources, a lengthy legal battle might yield minimal support.
- What happens if the father deliberately avoids financial responsibilities? Are there legal penalties for such evasion in Australia?

Doubts:

Without paternity proof, can any child support claim succeed? Circumstantial evidence might help initiate proceedings, but eventual success seems unlikely without direct confirmation.

3. Australian Citizenship

Foundational Observations:

The granddaughter’s claim to Australian citizenship rests on her father’s nationality. Under Australian law, a child born to an Australian citizen is generally entitled to citizenship by descent.
- Immediate question: How does one apply for citizenship by descent when paternity is disputed?
- Must paternity be proven before citizenship is granted, or is a presumption of paternity sufficient?

Considerations:

The Department of Home Affairs oversees citizenship matters. Could an application for citizenship proceed concurrently with a child support claim?
- Citizenship applications typically require documentation. If the father’s name isn’t on the birth certificate, additional evidence (e.g., DNA results or legal acknowledgment of paternity) might be necessary.
Does the granddaughter have a passport or any form of identity that reflects her connection to the father?
- If not, how does one proceed? Would the mother’s testimony suffice?

Backtracking:

Acknowledging paternity feels crucial again. Citizenship hinges on proof of descent. Could circumstantial evidence suffice for initial recognition? Would a favorable court order in the Philippines help sway Australian authorities?

Uncertainties:

If citizenship is granted, does that simplify the process of child support? Citizenship might enable Australian legal mechanisms to work more directly on the granddaughter’s behalf.

4. Practical Next Steps

A Combined Strategy:

Focus on paternity first, as it underpins both child support and citizenship claims.
Explore options to compel DNA testing:
- Could Philippine courts issue such an order?
- Would Australian courts recognize and enforce it?
Simultaneously gather circumstantial evidence (communication records, photos, testimonies) to strengthen the case.

Broader Legal Frameworks:

Investigate treaties, bilateral agreements, or precedents that facilitate child support enforcement across jurisdictions.
Engage legal professionals in both countries to coordinate efforts. Could NGOs or international child rights organizations assist?

Long-Term Outlook:

Citizenship applications might proceed slowly but could yield significant benefits. If granted, they simplify future legal actions.
Even partial financial support might ease immediate burdens. Direct negotiation with the father, despite his past abandonment, could expedite resolution.

Final Answer:
Securing both child support and Australian citizenship requires establishing paternity through DNA evidence or circumstantial proof. Begin with Philippine courts to assert paternity and claim support locally, while engaging Australian legal systems to ensure enforceability. Pursue citizenship in parallel, leveraging any legal acknowledgment of paternity. Legal assistance in both jurisdictions will be crucial to navigating the complexities of cross-border enforcement.