QLD Mothers Rights to Naming Child's Surname - Verbally abusive father

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

DoraMai

Member
12 April 2015
1
0
1
Hi there. I'm due to give birth in September. The father and I are not married (de facto) and are having issues with the relationship. Though the father is really looking forward to having a child, his temperament towards me since finding out has been most upsetting. Verbal abuse and threats have resulted in me seeing a therapist, reduced to tears everyday. Regardless of what happens, he says he will provide for the child. Though he keeps saying that I take his all his money (he agreed that he would support me as I'm a tradie and my work is not safe for pregnancy) and threatens to leave me high and dry. I have applied for Centrelink and have been applying for other jobs as with his temper, I could see this happening.

I have decided that I do not want to give our child his name, but rather both hyphenated. I do not feel his actions are in my best interest, he doesn't care if I'm crying or upset. He said that if I don't give the child his name ONLY, that he will try and gain custody and even lie about the child's living circumstances and my ability as a parent. I'm really just with him out of fear. All love is lost and I would be a lot happier without the emotional trauma. He tries to make up with after the horrible displays, but I feel this is just due to him wanting to prove that he tries. He can't remember half the things he does as he is a heavy drinker but readily admits that he was trying to hurt my feelings.
I have text messages to prove his insults and thoughts (he works away).

I feel worthless and useless whereas I used to be strong and independent. I have always provided for myself since I have had a good career since I was 17. I can't imagine how I have found myself in this situation. I'm truly broken and just want to care for and love my child without his horrible nature bringing me down.

Where do I stand?
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
Hi, he doesn't have the right to force you to make your child's surname only his. Hyphenated names are acceptable, see: Husband and I have different surnames, whose name do the kids take? | LawAnswers.com.au Legal Aid Forums. If you can't agree, you can apply through the Magistrates Court to get the surname that you want for the child registered, see: Registering and changing a child's name

I don't want to make assumptions, but from what you've said above, I think you need to read this information on domestic violence: