QLD Can Father Get Sole Custody of Children?

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mw88

Member
3 April 2017
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Hi,

My brother recently became a father to a little girl. The mother already has 2 boys and they are terrible kids. They run riot and she has no control of them. She also has a history of mental health issues, which until shortly after she was born, he had yet to see. She put it down to post natal depression which he believed, however, her mother says that 100% isn't that case and she has a long history of problems like this.

A couple of weeks ago his ex called DOCS and said she didn't want their daughter and for my brother to have sole custody of children after she had a massive breakdown yelling and screaming at him, while also barring anybody but him and her to see her (she's still in hospital as she was born premature).

He has tried to make things right so that his daughter can grow up in a family environment, give her a chance to get herself together, treat him properly as well as his house and control her boys after telling her to pack her bags and leave, but it's become obvious this won't be at all possible and looking likely he will end up having to get her to move out.

The house is his; he brought it before they met. His only concern is that if this was to happen that he would have very little access to see her legally even though everybody who knows of the situation vows that he's done everything right to try and make it work and she's completely in the wrong and not fit to raise a newborn.

I should also point out she refuses to get any professional help because she thinks nothing's wrong with her.

Just wanting to know what sort of rights he has.
 

Lance

Well-Known Member
31 October 2015
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2,394
Hi,

What was the outcome from the DOCS phonecall?

I wouldn't advise he goes in with the argument that she is unfit. A mother of three that has just given birth, has post natal depression or other mental health issue and is dealing with 2 boys while her premy daughter is in hospital may well have a position of strength in the courts eyes because of these factors.

I would tell your brother to talk to a lawyer about applying for consent / parenting orders. If she doesn't want to raise their daughter it might be easy that for most people.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Just wanting to know what sort of rights he has.

Short answer - None. Parents have responsibilities, not rights, to their children.

He needs to see a lawyer about getting parenting orders made up as he needs a court to assign rights to him.

I don't know the history of family law but it seems rights have been stripped away from parents over the last few hundred years. In my view the law sucks in this regards but I understand why it has evolved this way. Could get into a whole philosophical debate over this issue!
 
Last edited:

Hoang Trang

Well-Known Member
22 July 2016
151
14
414
Mate I'd love to hear your views
Short answer - None. Parents have responsibilities, not rights, to their children.

He needs to see a lawyer about getting parenting orders made up as he needs a court to assign rights to him.

I don't know the history of family law but it seems rights have been stripped away from parents over the last few hundred years. In my view the law sucks in this regards but I understand why it has evolved this way. Could get into a whole philosophical debate over this issue!