VIC Giving Step-parent Parental Rights - Consent Orders?

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Clucy75

Member
30 April 2018
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Hi.

I currently have sole parental responsibility of my daughter.

The items listed on the order are:

Mother has sole responsibility and she will advise father of any decisions she makes in relation to health, religion and school.

My order means I believe that I have complete sole parental and no decision are required to be discussed with the father in relation to my child only, he is to be advised of them.

My query is, I go away for work quite a bit and my daughter who only knows my partner to be her father as he has raised her since birth will stay with him while I am away. My daughter was recently in hospital and it made us realise that my partner has no rights whatsoever when it comes to medical or even school, etc. he picks her up from school, etc, etc.

I need to obtain an order stating he has parental rights should anything happen while I am away working.

As her biological father does not have an parental rights, I have been informed I can complete consent orders with my partner giving him shared parental rights with me. l then lodge with the family court.

Can anyone pass on any opinion in relation to this as I’ve read everything I can and of course, the wording can be a little confusing on whether or not this is the correct path.

Appreciate it.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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I'm not sure of all the ways you can achieve what you want.

Adoption is one sure way. Read this: Adoption - DHHS Services

Thinking aloud, one other possibility is an enduring power of attorney you grant to your current partner relating to your daughter. I have no idea if this is doable but may be worth exploring. I've not seen a power of attorney (POA) used this way but then my experience with POA's is limited.
 

AllForHer

Well-Known Member
23 July 2014
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The problem with filing anything child-related through the Court is that the other parent will be invited to participate in proceedings, even if they don't share in parental responsibility.

A better option might be power of attorney that enables your partner to make decisions about the child in your absence. It would be best to get legal advice on this, though. Legal Aid can provide free consultations about family law matters, so might be worth organising an appointment.