Hi, back at the start of the year I had a nasty breakup wife my wife, we have a young daughter and it ended in my wife taking a intervention order out on my for her and our daughter, months later she had proceeded to begin family court and went for a no contact order, I have responded and we will go to court later this year. Today everything changed, I had applied for my daughters birth certificate to open a bank account for her and to my shock and surprise, her birth certificate has a different surname to the one stated on the intervention order and parenting order, our daughter has two last names which was agreed on, before the intervention was in place we had an argument over the phone where my wife told me she had registered our daughter with one name and I believed her due to all court documents stating that one name, as it turns out her legal name on her birth cert is the two names as agreed, does not this make the intervention and family court proceedings void as the child named on paperwork doesn't technically exist, note I'm waiting to hear back from my lawyer but just trying to put my mind at ease as this crap has been going on for 8 months now
Interesting family law situation, intervention order
- Thread starter Kelgunn
- Start date
This isn't a case of my ex using a maiden name, this is a case of she has used a completely different name that doesn't match the child, basically the court documents say one name, but the birth certificate says otherwise, as far as I can see the child named on the intervention and family court paperwork doesn't exist, if I tried to set up a bank account for my daughter ( which was the plan) I would have to use the name on the birth certificate otherwise I'd be up on fraud....so how can she use a false name on a intervention and on a parenting order
Ok, have you checked births, deaths, marriages about a change of name? I doubt it's going to be relevant if the intent was clear. I've read many posts on this site not to bother with technicalities focus on the big issue which is seeing your kids. The fraud thing isn't relevant.
You can get some good help on this site to help see your daughter. What stage is the family court process?
Long story short she purposely has been running between two states, she lives in sa but registered with family court in vic, I was fighting her false charges in sa for many months and was stuck homeless in sa unable to come back to my family thanks to her, the only reason the intervention was granted was I let it happen thanks to a written death threat under my pillow. All criminal stuff has been dealt with and now I'm concentrating on the parenting order, she went for a no contact order and when I got back to vic I got to see a lawyer and responded, the thing that confuses me is how can she run between two states and use a false name on court documents. Surely if your registered name on a birth cert was say
..first name Andrew, surname Smith brown, you couldn't lodge court documents using just the name brown when you have two last names
..first name Andrew, surname Smith brown, you couldn't lodge court documents using just the name brown when you have two last names
Mate, I just don't think it's going to be a big issue. I get it's tempting to contemplate, after all what if it could all be thrown out on a technicality. But that's unlikely to happen, the court may just change the names.
Concentrate on the parenting. Have you applied for interim orders? Keeping your composure, not breaching any orders and getting proper access to your daughter is the most important thing, the other stuff just doesn't matter in the end.
Concentrate on the parenting. Have you applied for interim orders? Keeping your composure, not breaching any orders and getting proper access to your daughter is the most important thing, the other stuff just doesn't matter in the end.
No I'm not planning on that, I'm doing everything correctly through the legal system but I just find it wrong that the legal system can't even get the childs name correct, you can't give a false name to police, to a bank, to get a car license so why would the court system be any different
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