NSW My Pregnant Partner Left - Family Law Rights to Child?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

ben Patterson

Member
19 October 2017
1
0
1
Hi

My currently pregnant partner has disappeared while I was at work with out any letting me know anything. i believe she would heading for Cairns Qld. Now I'm just trying to find out what legal rights I have under family law, being the father.

Can she actually just leave like that.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
You're not a father yet. No child, no rights.

Once the kid is born, then you have a course of action, but for now, you'll just have to wait.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
...now im just trying to find out what legal rights i have being the father
None.
At law, you don't have a baby yet, so you're not yet a father.
In NSW, a fetus has no legal existence separate from its mother.
...can she actually just leave like that and that
Yes.
Assuming she's not subject to any current orders as to where she lives
(such as bail conditions, parole conditions, or other orders),
then she's a free citizen who can go wherever she likes, any time she wants.
 
Last edited:

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Theoretically speaking, let's say she went overseas and or somehow remained unreachable for like 14 years. Could she then suddenly reaper and claim back pay child support? I have an inkling she can?
 

Migz

Well-Known Member
20 November 2016
325
43
719
Clancy, no they can't, it can only go back 3 months, I'm led to believe. But the fact that if this was to happen, then the payment date would only kick off when it's worked out that the Father is actually the Father (via DNA) or by him admitting to being the Father.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Theoretically speaking, lets say she went overseas and or somehow remained unreachable for like 14 years. Could she then suddenly reaper and claim back pay child support? I have an inkling she can?

She could suddenly reappear, sure, but Australian law does not allow her to claim 14 years of back-payment for child support. Child support can only be paid from the day they claim, so if, for example, a party makes a claim for child support and it takes another six months from the claim date until an assessment is made, they're entitled to six months of back-payment, but certainly not back-payment for the full duration of the child's life.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
She could suddenly reappear, sure, but Australian law does not allow her to claim 14 years of back-payment for child support. Child support can only be paid from the day they claim, so if, for example, a party makes a claim for child support and it takes another six months from the claim date until an assessment is made, they're entitled to six months of back-payment, but certainly not back-payment for the full duration of the child's life.

That's surprising! Thanks