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QldFamLawCurious

Active Member
21 May 2018
6
0
36
a friend of mine has a 4 yo daughter born in nsw, where the mother and the father both resided together. The mother falsely (and self servingly) did not list the father on the birth certificate. The mother then relocated to QLD when the child was 4 months old without the knowledge/ consent of the father. Since the interstate relocation, the mother has verbally stated to the father, family and friends that the father;
is the biological father of the child,
and has on several occasions invited the father to her QLD residence so he can spend time with the child.
The father has recently contacted the mother & requested that the child’s birth certificate be amended, and himself noted as the biological father. At first the mother agreed- but within hours and without reason- she is flat out refusing such ammendment.
Question - what state does the father apply through the family court system for birth certificate ammendment due to the fact the mother resides in QLD with the child and the father resides in Nsw, I note the child was also born in nsw.
Obviously the father is ultimately seeking a relationship with his daughter and has more than suffice evidence regarding the mothers inability to keep the child safe and protected. There is critical evidence regarding the mothers heavy drug use, drug dealing, amongst the child being admitted to hospital on one occasion after she ingested a high strength opioid medication (of the mothers). The child has been placed in the temporary care of the maternal grandmother on orders by mental health practitioners and child welfare authorities, for periods of 28 days and 60 days. The mother has a long history of mental illnesses, including Borderline personify disorder, clinical depression, anxiety, bipolar, drug & prescription addiction and has been hospitalised for many suicide attempts.

The father of the child has been unaware of these extreme factors up until recently, hence his immediate request to be noted on the childs birth certificate so he can initiate legal proceedings for custodial.
HELP!!!
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So, he first needs to attempt mediation with the mother. It’s a prerequisite to filing for parenting orders through the Court.

If mediation fails and they can’t reach agreement about the birth certificate or the child’s care arrangements, he will be given a s 60I certificate to enable him to file an initiating application for parenting orders. He should file in his home state and let the other party ask to have it transferred, if they wish.

He should seek interim orders that both parents do all things necessary to ensure the father is listed on the child’s birth certificate as the biological father.

In his final orders, he should seek parenting orders for the child’s living arrangements and time with the non-resident parent.

He should contact Legal Aid for legal advice first and foremost though. They offer free consultations and will facilitate mediation, as well.