Grounds to terminate parental rights Australia

Q: What is an unfit parent Australia?

A parent is deemed unfit in circumstances where the childs physical or psychological wellbeing is at risk. In all other circumstances, the court aims to have both parents meaningfully involved in the childs life. The court will consider both the histories and presence of: Child abuse; Substance abuse; or.

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What is an unfit parent Australia?
How do I terminate parental rights in Australia?
How does a father lose parental responsibility?
At what age does a child have a say in custody Australia?

Has anyone ever got the father of their child to sign over his rights? What's the process?

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I'm not 100% sure what you mean but my ex didn't want to be involved with raising bub. Happy to have contact and financial support though.

We negotiated that I have sole parental responsibility for my LO by consent orders with the family court.

I had some orders drafted by a family lawyer signed by my ex and myself (and witnessed) and submitted them to the family court. I also had to complete a application form accessed on the family court website.

The consent orders basically said that the Applicant (me) has sole parental responsibility. The child lives with me. That we would privately agree on reasonable visitation and financial arrangement.

Took about 6 weeks to be formally made into orders.

In reply to Graceful2

01/04/17

I'm not 100% sure what you mean but my ex didn't want to be involved with raising bub. Happy to have contact and financial support though.

We negotiated that I have sole parental responsibility for my LO by consent orders with the family court.

The consent orders basically said that the Applicant (me) has sole parental responsibility. The child lives with me. That we would privately agree on reasonable visitation and financial arrangement.

Took about 6 weeks to be formally made into orders.

I just wanted to make sure he can never be a part of our lives. He wanted nothing to do with the pregnancy and hasn't even asked if she has been born yet (she is two months tomorrow) I just want to make sure he can't show up in 10 years and want to be a part of her life

It's REALLY hard to get the father to waive his rights even if you both agree to it. He has to be on the birth certificate to have any parental rights in the first place. Then you go to court and apply for him to waive his parental rights and it has to be approved by the court, which it most likely won't. One of the main conditions for him to give up his rights is that you have a male figure (in 99% of the times your current partner) who is willing to adopt you child. Court won't leave a baby without a legal father.

In reply to Rosiie22

10/04/17

So if he isn't on the birth certificate her has no rights?

In reply to FirstTimeMom0407

15/04/17

So if he isn't on the birth certificate her has no rights?

Nope no rights whatsoever

In reply to Rosiie22

15/04/17

Nope no rights whatsoever

I was told though that they can put themselves on the birth certificate. I guess they would need proof though.

In reply to FirstTimeMom0407

15/04/17

I was told though that they can put themselves on the birth certificate. I guess they would need proof though.

They need proof and to sign the statutory declaration. If hes not on the birth certificate he has no rights to the child and cannot stake a claim without valid proof such as a dna test or a court order requesting you to provide a dna test which you can refuse.

In reply to worriedmum5

16/04/17

Thank you so much everyone!!

In reply to Rosiie22

15/04/17

Nope no rights whatsoever

Just be careful even without being on the birth certificate he still has rights to his child it just means he would have to take you to court the courts would order a dna test if he is found to be the father he can be added to the birth certificate, would have parental responsibility and can seek visitation also without his name on the birth certificate this impacts you receiving child support if you make a claim and he is not on the birth certificate he can dispute being the father and child support will reject your claim unless their has been a stat declaration signed by him saying hes the father or a dna test is provided this affects your centrelink entitlements

I was just about to write a post about child support. Centrelink wants me to claim it but I do not want to do if I don't then I lose most of family tax benefit A is there any way around this or someway to get an exception?

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25/10/11

What is an unfit parent Australia?

A parent is deemed unfit in circumstances where the child's physical or psychological wellbeing is at risk. In all other circumstances, the court aims to have both parents meaningfully involved in the child's life. The court will consider both the histories and presence of: Child abuse; Substance abuse; or.

How do I terminate parental rights in Australia?

There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court.

How does a father lose parental responsibility?

Parental responsibility can only be terminated by the court. This usually only happens if a child is adopted or the father's behaviour warrants the removal of parental responsibility.

At what age does a child have a say in custody Australia?

There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.