NSW Family Court - Shared Parental Responsibility with Stepfather?

[Matthew Lynch]

So your application is really to remove the biological father's parental responsibility, and secondly to provide that the step-father has parental responsibility.

If you do not remove the biological father's parental responsibility, you will still need need to make decisions with him jointly - see s65DAC. This means he could still withhold his signature from documents such as passport applications.

You would have to set out compelling reasons to remove the biological father's parental responsibility. Usually it is removed in cases of child abuse (including domestic violence on the mother) or where the child expresses a desire not to want to have a relationship with the father. It is not usually otherwise removed.

If you are having a crack at this yourself you probably want to read some cases to get an idea of how judges think about these ideas.

Such as:

Kozar [2013] FCCA 339

DOHERTY [2014] FamCAFC 20

Ultimately though what you are seeking is difficult and you will need a persuasive argument.

 

[Corinne]

The step father should just adopt the child, would be a lot easier.

 

[Ceejay]

Hi
A message for the original poster of this message. I know this was a while ago but I am very interested to see how your journey went with this.

I am in a very similar position except I have SPR orders that have been in place for 6 years. Self representation and orders by consent so yes he gave his rights up they weren’t taken off him.

Step parent parenting orders is now on the cards as adoption irrelevant as requires bio father consent all the way through the protracted expensive process and it’s too high risk.
Parenting order to share my SPR with step father as he is carer every day like me and miss 13 sees him as dad and his adult son as her brother and his dad as her grandad.
So yes very interested in your journey.
Kind regards