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NSW Divorce - Presence of Father at Baby's Delivery?

Discussion in 'Family Law Forum' started by Anni111, 14 December 2017.

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  1. Anni111

    Anni111 Active Member

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    Hello all,

    I’m hoping someone can assist me.

    This is my first pregnancy, and my husband and I have been having numerous issues. After 6 years of marriage, we have come to the conclusion that divorce is best. He is happy to walk out.

    My husband has not been supportive of me during my pregnancy, and I have been dealing with various health issues by myself.

    I am due to give birth shortly and do not wish for him to be in the delivery room.

    Please help. What Is the legal position on this?

    Appreciate your help.
     
  2. sammy01

    sammy01 Well-Known Member

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    There is no legal position... it is your call.
     
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  3. Anni111

    Anni111 Active Member

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    Thank you so much Sammy, I thought the same but had doubts. I want to ensure that Im prepared for anything he may throw back at me as a response.
     
  4. SamanthaJay

    SamanthaJay Well-Known Member

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    Also, if he knows where and when you are due to birth the baby, let your midwives know your situation so that if he does turn up unannouced at the time, they will not allow him in.

    Midwives could also offer you some support.
     
  5. Anni111

    Anni111 Active Member

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    Thank you SamanthaJay.
     
  6. sammy01

    sammy01 Well-Known Member

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    so he has no rights..... BUT.. hang on a minute.... I think it right he be allowed to be at the hospital.... Look not legal advice, you have your answer on that one... But the right thing to do is let him be in the waiting room and see the child shortly after birth.... that is the right thing to do in my world...
     
  7. Anni111

    Anni111 Active Member

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    Hi Sammy. Indeed - here we have again the legal/moral dilemma that plagues family cases.

    I have always seen myself to be a fair, well balanced and good-natured individual who tries to do the right thing. However, I am most deeply hurt, angry and saddened - and though I want to do the right by my children (I'm expecting twins), in my head I do not believe my husband should share the joyous moment, after he has effectively hurt me during what should be one of the joyous times of our life.

    The road has been long and rocky, most of which I have endured by myself. Does this man “deserve” to so proudly stand beside me when he has caused nothing but heartache? I don't know if I am wrong to think No.
     
  8. Rob Legat - SBPL

    LawTap Verified Lawyer

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    You'll probably find you can exclude him from the delivery room, but not the hospital without some sort of court order. Hospitals are public buildings.
     
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  9. Anni111

    Anni111 Active Member

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    Thank you very much Rob. After delivery, I anticipate I will be recuperating in the maternity area for a period. I don't know if he can come into this area freely to see the babies.

    I don't wish to be spiteful or nasty and stop him from seeing his children. I just don't want him to aggravate me and affect my health/well being.
     
  10. AllForHer

    AllForHer Well-Known Member

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    You're going to have to co-parent with this man for the rest of your life. If you exclude him from the birth of his own child, do you think you're setting yourself up for a good co-parenting relationship that benefits your child?

    I don't think so, but hey, I already have a kid and I've seen how much she loves her dad. I hope you'll learn in due time just how much hurt it will cause your baby to continue separating them from their father.
     
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