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QLD De Facto Relationship - Does Step-Parent have Legal Rights to Child?

Discussion in 'Family Law Forum' started by Mama Bear, 28 June 2015.

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  1. Mama Bear

    Mama Bear Member

    28 June 2015
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    Does a man who has been in a de facto relationship for 16 months and has been classed as the parent of this child by Centrelink and receives parenting payment for this child, have any rights to continue being a parent once the de facto relationship ends?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I'm a bit confused about why Centrelink would determine a person to be a parent if that person is not listed as the parent on the child's birth certificate, but I'll provide some information nonetheless.

    Nobody has any rights under family law except for the child. There are no parenting rights, per se, there is only a child's rights to know, spend time and communicate with parents and other persons significant to their care, welfare and development, on a regular basis insofar as their best interests can be met.

    To pursue parenting orders, the man would have to prove to the court that he is a person concerned with the child's care, welfare and development and that parenting orders in his favour are in the child's bes interests. It would be a hard case to prove, given the brevity of the relationship. The child's age and nature of relationship with the man would also be influential.
    Mama Bear likes this.

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