QLD Father not on birth certificate.

[Elly]

Hi i need answer?
Can a childs father who isn't on birth certificate take the child away from the mother, even though he has denied that the child isnt his.
He has never been there since my friend found out she was pregnant to him till the day she was born and he has only see her once when the child was 3 weeks old??
He and his aunty been threatening my friend to take her to court on custody, and she hasn't done nothing wrong she has been there from day 1 for her child till now she has looked after the baby all on her own.
Shes taking care of her baby very well and all of a sudden he wants to see her but infront of other people the baby isnt his he says?
But infront of his family its his he says.
He makes fun of the baby in front of his friends calling his childs mother and baby useless and other hurtful words,
Its such a shame he has to do that.
What rights does he have and what rights does she have.

 

[AllForHer]

What rights do they have? None, zero, zip. Parents don’t have any rights in respect of their children.

Children, on the other hand, have rights under s 60B of the Family Law Act to know, spend time, and communicate with both parents on a regular basis, insofar as their best interests can be met, and regardless of the nature of the relationship between the parents. In short, yes, even if Dad isn’t on the birth certificate, the child still has a right to a relationship with him.

Your friend’s argument that dad didn’t have anything to do with the child until after it was born frankly doesn’t say much - fathers aren’t legally recognised as fathers, and have no obligations as fathers, until after the child is born, so it doesn’t matter that Mum didn’t receive the support she wanted before the day of birth.

I also note that we are talking about a three-week-old infant, correct? Parents are separated, child is a newborn, Dad hasn’t exactly had the time with the child to show what a stellar dad he is, has he? Given the child’s age, neither has Mum.

So, if Dad does decide to take Mum to Court for the child to spend time with him, there’s not really anything so far to suggest it wouldn’t be in the child’s best interests to have a meaningful relationship with both parents, correct? In short, he’s probably going to get some time with the child, but it’s impossible to know how much. During infancy, it may be a few hours every couple of days, but as the child gets older, it’s probably going to be a lot more.

It’s not a good idea for Mum to withhold the child completely. The Court van and frequently has reversed residency where it has found one parent unable to support the child’s relationship with the other.

She might like to consider facilitating two or three hours for the baby to spend with Dad maybe twice a week at this stage, so they can start building the relationship they’re entitled to.

 

[Elly]

She gave his all the time she has try to contact him if he wants to spend time with the baby but his excuse are his busy working or he needs a day off but on social media hes out partying every week end ?
She feels sad because she really wants her child to spend time with him but he doesnt really ask how she is or can he go over or if she can take baby to him.
Im always there for my friend she has a job aswell i help baby sit and she still makes time to take care of the baby.
The baby is now 5 months in a stabled home with alot of family to support and he still hasn't asked for his daughter? Or wants to see her.
But still wants to take the mother to court?
I just wish he could man up.

That isnt fair?

 

[Rod]

Unfortunately she chose him to make a baby with.

Now she has to gradually work through a justice system that is not always fair. Take it one step at a time and it will eventually (possibly a few years down the track) get sorted out. Do not expect quick, do not expect easy, do not expect fair.