LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Divorce - Ex Husband Refusing to Acknowledge Children

Discussion in 'Family Law Forum' started by Emily4, 14 March 2015.

  1. Emily4

    Emily4 Member

    Joined:
    14 March 2015
    Messages:
    4
    Likes Received:
    0
    I have 2 kids with my ex husband and he's going to say he doesn't on the divorce papers just so he can get them done quickly to get re married. Does it mean he is terminating his parental rites?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Interesting scenario - does he know that lying to the court is a criminal offence?

    Revealing you have children doesn't slow down the divorce procedure. In Australia, a divorce is granted if the marriage has broken down irretrievably. You must have been separated for at least 12 months, and the divorce takes effect one month and one day after the application is approved by the court. In regards to children, all he needs to demonstrate is that care arrangements have been made for them. It's a tick box and a space to write 'the children live with the mother and spend time with the father'.

    In any case, no, failure to acknowledge children on a divorce application does not forfeit his parental responsibility. Equal parental responsibility is a presumption under the Family Law Act and can only be rebutted under extenuating circumstances (such as extreme and proven violence, neglect, etc.). That means parental responsibility is not removed from a parent unless by order of the court. This can only be accomplished in parenting orders (e.g. Not in a divorce decree).

    Hope this helps.
     
    Sarah J and Sophea like this.
  3. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,723
    Likes Received:
    406
    I agree with the above.
    It may be helpful to know that he cannot evade his obligations
    to pay child support just by denying parentage.
     
    Sophea likes this.
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    336
    Further to the above comments, parental responsibility can only be relinquished by a court order and even this does not cancel any liability to pay maintenance and child support etc. It simply gives the other parent sole responsibility to make all major decisions with respect to the children.
     
    Tim W and Sarah J like this.
  5. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    I suspect a quick parental DNA test can show whether your ex is in fact the biological father of the children or not. Otherwise, adoption papers (if child is not biologically his) will suffice.

    As the others have said, your ex is not advised to lie on his divorce papers as it is quite easy to accumulate evidence to the facts and lying on a statutory declaration or court paper is a serious offence.
     

Share This Page

Loading...