WA Family Court - Getting Out of Parental Rights?

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Sonnyb

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30 January 2019
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So I'm about to be declared as a father by the family court as my dna testing is positive. My question is, how can I get out of parental rights, child support, etc., as I never wanted this child or never intended to see it.
 

Tim W

Lawyer
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28 April 2014
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You can't.
You don't get to just disclaim your obligations towards the child.
That's the whole point of the Child Support system.

Your obligation to pay Child Support exists no matter if you ever have anything to do with the child or not.
 

sammy01

Well-Known Member
27 September 2015
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Why - the kid is yours. It isn't the child support system that failed here. Your inability to protect yourself from the potential of becoming a parent is what has caused this mess.
 
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Tim W

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28 April 2014
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No mate, it's yours for not talking steps yourself
to prevent the pregnancy.
This is all you.
 
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Rob Legat - SBPL

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16 February 2017
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In practical terms, the limits of your rights as a male effectively begin and end at:
- Consent to engage in sexual relations
- Participation in any applicable form of contraception

Once you get beyond that, you're in it at the behest of the laws in place and the wishes of the mother.

Your main choices now are whether or not you participate in the life of your child to any meaningful extent. Regardless of anything else, I would hope you are aware that the child is innocent in all of this and certainly didn't ask for this situation to happen.
 

Sonnyb

Member
30 January 2019
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I am very aware but she tricked me and had the child. We had agreed to no kids or that's it. Now she will try to get my hard earned money. I just wish she was like other mothers who know there child was a mistake and they don't go for child support and do it alone. It's not fair. I'm very stressed, not to mention it will ruin future relationships I have as money will be going to her.
 

Rob Legat - SBPL

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The best I can offer is that you're not alone.
 

sammy01

Well-Known Member
27 September 2015
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Or man up...

No mate, it won't ruin future relationships. I have 3 kids and my new partner doesn't have an issue. So here is an idea if you want to minimise child support. Spend time with the kid. Let the kid know he/she has a dad. You might find that more rewarding.

And very few mothers do it alone. In fact, the system doesn't let them. See the mum will be entitled to family assistance money. But she won't be entitled to as much if she refuses to access child support. So the system forces her into accepting child support.