QLD Birth Certificate - Registration Fraud by Ex?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Shadz

Well-Known Member
6 September 2016
28
0
121
Hi,

I'm just looking to confirm some help already given to me/get a second opinion.

Short version - mother altered birth registration form after we'd both signed and dated it, removed my surname from our daughter's name. How do I proceed now?

Long version -

My ex and I separated before the birth of our daughter. We agreed that she would have both our surnames (hyphened) on the birth certificate. I conceded to my surname going second, as I wasn't given a choice by the mother. She filled out the printed registration form, I reviewed it and ensured my details were all correct and that our daughter's name had my surname in it as agreed. We both signed and dated the form at the same time.

When I asked about 6 weeks later if she had gotten her copy of the birth certificate/it been processed so that I could get mine I was told by the mother that there was an issue with the registration process in regards to them not wanting to issue it with her maiden name as part of our daughter's surname as she was still using her married surname. She told me they would delay it while she got her name properly changed back to her maiden name.

Several other lies and excuses followed with her stating that BD&M had made an error and had registered our Daughter with just her maiden surname and accidentally left mine off of it and that she was trying to get them to correct it. I have contacted BD&M directly and was advised that the birth certificate had already been processed and issued well before most of the lies/excuses.

Because I co-signed the form they were able to confirm that the original/only application they received never contained my surname as part of our Daughters surname, that there was definitely no hyphened surname. The staff member advised me that even if I paid to have our daughters name changed that it will still always show that her birth name was different.

They recommended that I take the matter up with the police as the mother altering a form/document after I signed it is Fraud. i don't know if this is the best way to proceed/accurate advice. I do have copies of every exchange wherein the mother acknowledges that my surname was there.

The main thing I would like to know is if there's a way to have BD&M fix it so that my Daughter always had my (and the mother's) surname. Whilst it might seem a small difference to some, it matters to me.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Yep, take it to the Police.
 

Shadz

Well-Known Member
6 September 2016
28
0
121
Ty for the response,

Would my reporting this to the police now, at a time that it looks like a failed mediation/custody court battle is in the near future look bad/petty/manipulative?

Or would it add further weight to all the other documentation/evidence I have that demonstrates she's tried to alienate me from my Daughter's life.

I've not planned for the timing to be this way, I just got the run around by staff at BD&M not wanting to share information with me the first few times I enquired despite me being co-signed on the document.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Waiting longer would also look bad. It's a matter of perspective. At the moment, at least you can point to making recent inquiries with BDM and then a timely referral to the Police. In any case, whether someone wants to claim it's 'petty' is irrelevant - if an offence occurred, it occurred.