QLD Ex has said he will sign over full custody of our sons

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
2 November 2019
1
0
1
Need some advice on where to begin. My ex has just said he will sign over full custody of our 2 sons to me. Please note he's been a mostly absent father to them for most of their lives on again off again DV relationship. He last saw them on April 2017 and has barely kept up contact with them since. Is there a way that we can get it finalised and legalised quickly as he has said it will be more beneficial for them. I want to do this the right way. As the boys don't need any more confusion in their lives (almost 5yr old and 3yr old). Will signing them over mean he voluntarily terminates his parental right? He barely pays child support as it is so that's not an issue.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
don't bother. For what purpose? BTW he cant sign over all his responsibilities. A court can take them from him BUT only if the courts find him to be a danger.
In reality the only time you're gonna need anything from him is when you apply for a passport.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
My ex has just said he will sign over full custody of our 2 sons to me.
Even if there was such an agreement it would be worthless paper in the eyes of the law.... Only a formal, stamped parenting order can give one parent 100% care & full parental responsibility. Even if both parents want it, a court would not consider that to be in the best interests of a child unless there are very serious charges relating to child abuse for example.. Reason being parenting orders are for the benefit of the subject child/ren,

Even if the court did make such an order, the father would still retain full child support liability.... Only way out of that is if the child is adopted with the fathers agreement
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
...sign over full custody of our 2 sons to me....
This is code for
"He doesn't want to pay child support, and thinks that he can contract out of his child support obligations."

That is not how it works at all.

Let's keep it clear and simple.
First up, you want a Parenting Order.
Preferably, a consent order.
You (well, your lawyer - yes, you need one) can (help you)
negotiate the terms of that order.
Once agreed, that can then be put to the court, and, if acceptable, given effect.
That order accounts for where the kids live full time,
as well as any visits and contact arrangements.

The rest is all about him thinking that he can evade paying child support.
Don't let him.