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SA Can Father Not on Birth Certificate Take My Son?

Discussion in 'Family Law Forum' started by Tanya1982, 11 January 2016.

  1. Tanya1982

    Tanya1982 Member

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    Can a biological father not on the birth certificate take my son? Does he have rights if he isn't on the birth certificate? This is kidnapping, isn't it?

    Help, please.
     
  2. Sophea

    Sophea Well-Known Member

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    As I understand it, someone who is not on the birth certificate does not have custody rights. He would need to obtain a court order to obtain parentage rights by proving he is the biological father.

    You can apply to the Family Court for orders empowering the Federal Police to locate your child and return him to you.
     
  3. Tanya1982

    Tanya1982 Member

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    He has already filed for the courts for full custody. He.also took my other 3 children. He is on their birth certificate but just not the youngest as we split during that pregnancy and he refuses to sign it. He says I'm an unfit mother and has completely lied in his affidavit.

    I miss my babies. He is brainwashing and bribing them.
     
  4. AllForHer

    AllForHer Well-Known Member

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    There are presumptions in regards to parentage that might come into play here, so the state police probably aren't going to charge him with kidnapping for taking the youngest child. By and large, state police are powerless to act in family law matters, which are outside of their jurisdiction.

    My suggestion is to try your best to co-parent, even if he refuses to do so. The court is, with growing frequency, making its final orders on what is sometimes referred to as the 'friendly parent' doctrine, whereby children are placed in the care of the parent most likely to support and encourage the children to have a meaningful relationship with the other parent. Thus, if you're the 'friendly parent', your chances of an outcome in your favour are significantly higher. If you're the hostile parent, those chances reduce dramatically.

    I assume you have sought legal advice in relation to the initiating application, as well.
     

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