VIC I signed a stat dec when my son was born, written on paper waiving parental rights is it legal

[Sky Morrow]

We never took it to court and I’ve had him Thursday to Sunday his whole life, he’s now six, calls me Mum and loves me so much.

It’s a normal loving parent child relationship and I’ve supported him as well as paid the ex 130 a fortnight because they said I had to however there is nothing court ordered in place for custody or child support.

Suddenly the ex is waiving that old stat dec around claiming they will take my son away from me, my son is upset heavily...

Does this old stat dec hold any wait being six years old and signed when I was heavily depressed?

I’d never sign something like that now

 

[sammy01]

Ok a bit more detail... Are you mum? Who does the kid live with?

Nope the stat dec is toilet paper.

The payments? $130 a fortnight? how is that paid.

Can you estimate the other parent's income? have a guess for me?

But can you give us a brief summary of the relationship before the child was born? Just trying to fill in some gaps to help give advice...

 

[Dawghoused]

Legally they can claim for your child and court may make the decision in their favor on the basis of that old stat dec. But, as your son is 6 years old the court may also consider his choice to whom he would like to live with.

 

[sammy01]

Legally they can claim for your child and court may make the decision in their favor on the basis of that old stat dec. But, as your son is 6 years old the court may also consider his choice to whom he would like to live with.

Totally disagree. NO WAY - a stat dec means nothing.... The only thing that really matters is a court order stamped by the courts.

 

[Sky Morrow]

Ok a bit more detail... Are you mum? Who does the kid live with?

Nope the stat dec is toilet paper.

The payments? $130 a fortnight? how is that paid.

Can you estimate the other parent's income? have a guess for me?

But can you give us a brief summary of the relationship before the child was born? Just trying to fill in some gaps to help give advice...

I’m the biological father, I’ve paid the 130 via bank transfer each fortnight.

They earn 670pw.

It was a normal relationship before the split, no family violence. We split because I’m transgender, and my son has always known me as a woman and loves me, tells me he doesn’t want to go back to the other house because her boyfriend scares him.

My son is distraught that he isn’t with me.

I am still on the birth certificate as his father

 

[Sky Morrow]

My auntie who is a psychologist says the stat dec means nothing without a court order, and I could just go write a new one to the effect of “any previous claims to renouncing my parental rights are invalid as I have cared for my son his entire life and wish to continue doing so”

Have it signed and witnessed just like the six year old one and it’s worth just as much. Is that true?

 

[Rob Legat - SBPL]

I'm not a family law practitioner, but my (slightly) educated opinion is: Parents don't have rights: children have rights, and your child has a right to know you as their parent.

 

[Sky Morrow]

Just got off the phone with a family lawyer he said the stat dec will hold no weight and won’t get them far.

 

[sammy01]

3 nights a week? and half school holidays?
Look, what are you wanting to achieve. Just so you know, you're probably paying to much child support, and you're probably entitled to some family tax benefit. But that is all dependent on your income... But is it worth poking a sleeping bear?

If you continue to have a pretty good set up - you have all weekend with the kid... That is pretty sweet... As long as you're continuing to get that, It might be best to do nothing....

 

[Sky Morrow]

3 nights a week? and half school holidays?
Look, what are you wanting to achieve. Just so you know, you're probably paying to much child support, and you're probably entitled to some family tax benefit. But that is all dependent on your income... But is it worth poking a sleeping bear?

If you continue to have a pretty good set up - you have all weekend with the kid... That is pretty sweet... As long as you're continuing to get that, It might be best to do nothing....

She’s hasn’t returned a call or message (all have been polite) for the whole week asking about my son and what days he can see me.

My son tells me he’s scared of her boyfriend, and that he just wants to live with me. Every week.

I was happy with what we had going but now she seems to have tried stopping all contact with me and taking away time he sees me.

She is essentially stopping me from having access to my son.