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NSW Child Support and Adoption Agreement - Thoughts?

Discussion in 'Family Law Forum' started by MaxSupport, 15 October 2015.

  1. MaxSupport

    MaxSupport Active Member

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    Adoption took place with an agreement between biological Mum, biological Dad and adoptive Dad (second husband) that biological Dad would not contact the child and the biological Mum would not claim child support from biological Dad.

    Biological mum and adoptive Dad have now separated and biological Dad contacts child contrary to agreement. Biological mum claims child support for child from adoptive Dad.

    Is this correct?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Is the adoption formalised?
     
  3. MaxSupport

    MaxSupport Active Member

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    Yes. Adoption order with specific agreement now breached. Now that bio Dad has sole contact, shouldn't he pay mum child support?
     
  4. MaxSupport

    MaxSupport Active Member

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    or flipside - how is order arrangement enforced i.e. no contact?
     
  5. AllForHer

    AllForHer Well-Known Member

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    The adoptive father, not the biological father, is responsible for child support because he had parental responsibility for the child, rather than the biological father.

    Breaching the agreement is a contravention that should be dealt with accordingly. It doesn't mean all other aspects of the agreement are null and void. It simply means he is in contravention of that part of the agreement and a contravention order can be pursued as a result.

    Does this help?
     
  6. MaxSupport

    MaxSupport Active Member

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    yes it does. thank you. so what does the contravention order achieve?
     
  7. AllForHer

    AllForHer Well-Known Member

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    It's designed to deal with breaches of the agreement, and the nature of the order is dependent on the seriousness of the breach. The court might impose a bond on the offending party, order them to pay a fine or penalty, or make other orders as necessary.

    The more the offending party breaches the agreement, the harsher the penalty.
     

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