Non-Contact with other parent - Apply for abandonment

[Beamaishere]

Hi there, everyone!

I have a quick question and I apologize if it has been asked previously.
My current partner has 2 children (9 & 11) and has a AVO in place for her, but not the children.
Her ex has had no contact with the children for 9 months now and we don't anticipate him attempting contact in the future (unless of course, it's to mess with her).
While speaking with a neighbor last week, she stated that she has a friend who, after 1 year of zero contact, applied for Abandonment from her ex partner through the courts without any contact from him.
I am curious to know what the law is surrounding Abandonment, as there is not a great deal of information about it online which I found odd.

My questions are primarily:
1. Does Australia (Queensland) have any laws relating to abandonment?
2. If so, is there a timeframe in which there needs to be zero contact before a case can be brought forward in favour of abandoment?

I would like to know this as I would really like to adopt the kids, as well as apply for passports and be able to travel freely with them and my partner.

Thank you in advance for any information provided!

 

[Nighthelyn]

Dear Beamaishere,

I am not a family law lawyer so this is only suggestions what to read next. What your neighbour said sounded slightly garbled, because “abandonment” is a criminal law concept, whereas what you are talking about here sounded like family law order without any criminal law element. What I think your neighbour meant is - apply at Queensland Federal Circuit and Family Court for sole parental responsibility order for you to your children. This is likely what you are looking for and if you need help may consider calling Queensland legal aid to discuss further or obtain your own private solicitors to help you.

Child custody and parenting arrangements

What parenting agreements are available including parenting plans, parenting orders and penalties for breaking them.

www.qld.gov.au

I couldn’t reconcile what your neighbour meant by “wait 1 year as evidence of abandonment” this doesn’t look like a usual reason to “wait”.

Good luck!

-Nighthelyn