SA Family Law - Parentage of Daughter?

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Fritzmonger

Active Member
1 October 2017
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0
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This query isn't the common one that's brought up with spermjacking. I was in a relationship with my now ex-wife. Her former female partner is now claiming I have no rights to raise our daughter because I was "a ride on sperm donor" for them and they were in a secret relationship behind my back. Apparently she has texts from early 2013 proving this, despite my wife and myself discussing conception in late 2012.

My wife refused to put my name on the birth certificate and I'm trying to correct that. I still have access to our daughter, but it's only one day a week.

Where does the family law stand on parentage in this complex situation?
 

Lennon

Well-Known Member
11 September 2014
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36
719
When you say your wife's "former female partner", do you mean that your wife has now separated from her female partner?

In answer to your question, I don't think that your ex-wife's partner's/former partner's opinion about why your child was conceived has any relevance to your child's right to a relationship with you.
 

sammy01

Well-Known Member
27 September 2015
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OK, so magistrates tend to be on the conservative side... Your ex-wife's new partner isn't gonna have a hell of a lot of fun in explaining that you should not have access to your own child because you were used because they wanted to have a same sex partnership and a child...

Get yourself to court asap and let us know how you go...
 

Fritzmonger

Active Member
1 October 2017
11
0
36
Cheers guys. In response to Lennon, they were together before I was with her.

In truth this entire process is a whole lot of f*** up. Check my post on the criminal forum re blackmail, even then I'm only scratching the surface.

My ex won't say no to this woman and I can't work out why
 

Clancy

Well-Known Member
6 April 2016
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2,289
At any time did you sign any document stating something along the lines that you are just a sperm donor? This is strictly something you have to agree to, you cannot be tricked into it. They have absolutely no chance of keeping you away from your daughter.
 

Fritzmonger

Active Member
1 October 2017
11
0
36
God no. As far as I'm concerned, her ex is delusional about what happened. Hasn't stopped her claiming my daughter as her own to anyone who will listen.

I want to keep them away from not just my daughter but my step daughters as well. The younger one (6) has told me she doesn't want to go to their house, but she doesn't have the courage to talk to her mother about it
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
God no. As far as I'm concerned her ex is delusional about what happened. Hasn't stopped her claiming my daughter as her own to anyone who will listen.
I want to keep them away from not just my daughter but my step daughters as well. The younger one (6) has told me she doesn't want to go to their house, but she doesn't have the courage to talk to her mother about it

Ahhh I think I get her angle now... She is trying to swing the weight of political correctness of same sex couples in her favor. Political issues have been known to trump real laws in court from time to time, so...its still highly unlikely she could win but I would not say its impossible.
 

Fritzmonger

Active Member
1 October 2017
11
0
36
The question I would have is how can a custody dispute between a straight couple be a gay rights issue? I have in writing from my ex wife we planned to have her independent of her ex.

They're arguing about being a significant person in her life while simultaneously trying to deny me access to my step children, even though they can't remember a time I wasn't around. They're telling them they aren't allowed to like me and that I'm not safe. Kids have told me they just shut up and nod when they're told this stuff
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,269
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Go to court to protect your interests. Get a parenting plan together and use all your evidence to show why you'd make the better parent 'in the best interests of the children'.
 

sammy01

Well-Known Member
27 September 2015
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710
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Type slow... I'm not that smart...

Your ex's ex is denying you access? How much time do they spend with your ex's ex? Explain the step child bit too... Man, I'm confused...