my boyfriend ex girlfriend was pregnant but then moved into a different state and now wont let my boyfriend see his kid or even let him know what sex the baby is. the girl has a mental issue and already gave up her other daughter into foster care.What can he do as both him and i have no idea what to do???
QLD need help dont know what to do
- Thread starter Magenta McNeill
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- child support family law
Is his name on the birth certificate?
call Relationships Australia
Call legal aid if you guys are on low incomes... If not it is going to be solicitors if she doesn't play nice.
What sort of information do you have about the ex. Name? date of birth? might be hard to locate her...
What sort of outcome do you want?
call Relationships Australia
Call legal aid if you guys are on low incomes... If not it is going to be solicitors if she doesn't play nice.
What sort of information do you have about the ex. Name? date of birth? might be hard to locate her...
What sort of outcome do you want?
sorry i dont know about the birth certificate but all i know is she moved to mudgee and she is 18 and i dont mind helping his look after the kid as i have one of my own but we are both low income and she doesnt play nice.
So, the first step your partner needs to take is to contact Relationships Australia or Legal Aid to organise a family dispute resolution conference with the mother. Whichever organisation you contact (my advice is Legal Aid so you can get legal advice as well) will try and contact her on your behalf. If family dispute resolution fails for any reason, the mediator will issue a s60I certificate, which enables your partner to file an initiating application with the Federal Circuit Court of Australia for parenting orders.
The child has a right to know, spend time and communicate with both parents on a regular basis, regardless of the nature of relationship between said parents, and your partner also retains shared parental responsibility for the child until there is a Court order stating otherwise, which means he has shared responsibility for making long-term decisions affecting the child. In short, the child has a right to know his or her father, and the father is currently considered - for lack of a better term - an 'equal parent' to the mother, so there's a very good chance that, if it's deemed in the best interests of the child to do so, a Court will make orders for the child to spend time with dad in order to build a meaningful relationship with him.
What that time will look like is very difficult to predict for infants, particularly if they are breastfed, but as a guide, it's a common outcome for the non-primary attachment figure (usually dad) to spend time with their baby on two or three occasions each week, for about two hours on each occasion.
If family dispute resolution does fail and your partner decides to file an initiating application, please feel free to come back here for more guidance. There's a good chance he will be entitled to representation through Legal Aid, but we can help with understanding legal principles and Court proceedings to some extent.
The child has a right to know, spend time and communicate with both parents on a regular basis, regardless of the nature of relationship between said parents, and your partner also retains shared parental responsibility for the child until there is a Court order stating otherwise, which means he has shared responsibility for making long-term decisions affecting the child. In short, the child has a right to know his or her father, and the father is currently considered - for lack of a better term - an 'equal parent' to the mother, so there's a very good chance that, if it's deemed in the best interests of the child to do so, a Court will make orders for the child to spend time with dad in order to build a meaningful relationship with him.
What that time will look like is very difficult to predict for infants, particularly if they are breastfed, but as a guide, it's a common outcome for the non-primary attachment figure (usually dad) to spend time with their baby on two or three occasions each week, for about two hours on each occasion.
If family dispute resolution does fail and your partner decides to file an initiating application, please feel free to come back here for more guidance. There's a good chance he will be entitled to representation through Legal Aid, but we can help with understanding legal principles and Court proceedings to some extent.