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homestretch

Active Member
5 June 2017
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31
Quick background:

Biological father has been absent/uninvolved in child's life by his choice (has never met child, though did sign birth certificate). Recent attempt at communication with biological father saw no interest in the child (did not ask about child, nor request to speak to child).

He has paid child support intermittently & generally due to Child Support Agency garnishing his wages until he changes jobs. No child support has been received since 2014.

An offer was made to travel interstate to the biological father to enable him to meet the child. He agreed however then began making reasons as to why it was not suitable to do so until next year.

Despite agreeing to sign passport papers & receiving them to sign, the biological father after two months refused to return papers (though he apparently has signed them). This has resulted in the child being unable to attend a family reunion held overseas. He has said he is requesting DNA testing which I have agreed to, however has not arranged for testing to be done (this is due to him knowing that he is the biological father).

Step father has been the child's only father figure from 2 years old. For all intents & purposes, he is the child's father & is referred to as such by the child. The child has two siblings who are the biological children of the step father (we do not refer to them as "step", of "half", they are siblings).

I am now attempting mediation, however given history I don't believe it will be successful (there may be an agreement made through mediation but I would not expect him to then sign for the consent orders to be filed in court).

Our next step is family court. I have had plans to seek sole parental responsibility due to non-involvement from the biological father, with a clause saying we will help facilitate communication/visits between the child & biological father if requested/sought by the biological father (we have discussed this & agree that we are able & willing to do this). This has been discussed with a solicitor as being a realistic request.

An option that I am interested in looking at is shared parental responsibility with the step father (no parental responsibility to the biological father). He is involved in the day to day & long term decisions of all the children & seems like a logical step.

Has anyone had parenting orders drawn up that included a step parent in the allocation of parental responsibility? Was the orders approved by the court? What reasoning did you use to seek this allocation of parental responsibility?

**please note there are no issues of family/domestic violence - the biological father is uninterested & absent from the child's life. He is mainly uncontactable by email/text/messenger or phone (unless calling with number blocked)
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

I'm a bit slow, so you lost me. You want shared parental responsibility with the step father. Are you still living with the step father. I ask because shared parental responsibility is an order in place between two parties that aren't together. There would be no point having shared parental responsibility if you are living together. Or have I missed something.
 

homestretch

Active Member
5 June 2017
7
0
31
Thanks for your reply - parental responsibility is for any parties that have responsibility or obligation to provide care for a child (in their best interests) regardless of whether they are separated, or together.

It is assumed parental responsibility is shared between the biological parents, however it is not restricted to biological parents. Grandparents, step parents etc can also seek parental responsibility. If awarded shared parental responsibility the person would then have the same responsibility as the biological parent, e.g. can authorise medical treatment, sign passport papers etc

In our situation, where the other biological parent is completely absent & has no involvement with the child, shared responsibility with the step parent would be in the child's best interest - but I can't find any example of this ruling
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
Am I right to say you want the stepfather to be given legal parental responsibility without an official adoption?

It is possible but I believe he will need to be a party to the proceedings. What did you solicitor say?
 

homestretch

Active Member
5 June 2017
7
0
31
Yes he needs to be a party to the proceedings - it is a good possibility in our situation that we will be able to get parental responsibility between us.

It doesn't seem to be something that happens regularly though since I can't find any examples, or references to cases where it has been done
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
Yes he needs to be a party to the proceedings - it is a good possibility in our situation that we will be able to get parental responsibility between us.

It doesn't seem to be something that happens regularly though since I can't find any examples, or references to cases where it has been done

Can I ask why you want parental responsibility with the step parent? What, if any, advantages are there to doing this?
 

homestretch

Active Member
5 June 2017
7
0
31
For all intents & purposes he is her father - she refers to him as Dad, etc. He is already involved in decision as far as her education etc. If he has parental responsibility he will be able to make decisions (such as decisions on medical treatment etc) in cases where I'm not there.

If for example she was hurt & taken to hospital he is not her legal next of kin etc so would not be able to discuss her condition etc (perhaps would not be able to stay with her) until I arrived. With parental responsibility he would be able to stay with her, discuss her condition etc & make decisions as a parent.

I can seek sole parental responsibility however I don't see how that would be an advantage over shared responsibility with her step father.
 

AllForHer

Well-Known Member
23 July 2014
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684
2,894
You are aware that step-dad will have to seek leave of the Court to apply to join the case as a party, so that he can seek shared parental responsibility? That you can't seek to share parental responsibility with him unless he becomes a party to the case?
 

homestretch

Active Member
5 June 2017
7
0
31
Yes, thanks, I do know that. I have good legal support in place. I'm actually just curious of other similar cases?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
There aren't really any that are published, except where one parent is deceased or incapacitated in some way such that parental responsibility is shared with the grandparents because they've had care of the child for a significant period of his/her life.

Reassigning from living biological dad to step-dad without either adoption or bio dad's consent, though? I don't think there are any.