NSW Divorce - Both Parents Don't Want Custody - Apply in Family Court?

[David C]

What would happen in a divorce proceeding where both parents do not want custody of the child? What kind of applications may be made to the family court from either side?

Thanks!

 

[AllForHer]

Who do you propose the child live with?

 

[David C]

The child is currently living with the mother's sister. I'm asking on behalf of the mother who is saying she's unable to provide adequate care for the child and is currently living overseas. Thanks for your reply.

 

[AllForHer]

First, a divorce application is separate to a parenting order case. You can divorce without disclosing care arrangements regarding the child.

Second, if the parents and the third party agree the child is to live with said third party, they don't need to go to court for that.

Where is the father in this?

 

[David C]

The father is in Australia, but is also saying that he's not able to care for the child. So if they both agree to a third party taking responsibility for the child, no formal orders will need to be drafted for that? How would it be documented?

 

[AllForHer]

The biggest challenge they will have is with parental responsibility, which is the major long-term decision-making element of parenting - consent for passports, major medical interventions, name changes, etc.

If they want, they can draw up consent orders granting the aunt sole parental responsibility and file it with the court, but I can't say with confidence that a court would seal them because it might not consider it in the child's best interests.

The other option would be adoption.