NSW Partner Wants to be Involved in Child's Life?

[Troubled1985]

Hi everyone,

My partner has just found out that an old girlfriend has had his baby (Yes, it is his) and he wants to be involved in the baby's life.

So a brief background history:

She slept with him on purpose without protection and she knew what she was doing (she wanted to fall pregnant). She did not say anything to him about it at the time. Then about 4-5 weeks later - after he had broken up with her and found me - so tells him she is pregnant.

He tells her he will support her but not be with her. She tells him she doesn't want that and he can't have it that way. She cuts off all ties and hasn't been heard from since.

He wants to be involved but doesn't know where to start. We think that he isn't listed on the birth certificate (but don't know for sure).

Can someone please help?

Thanks

 

[AllForHer]

And she definitely gave birth to the baby? There's confirmation of that?

 

[Hayder Shkara]

First step is to try and reach out to her and reason with her explaining that father's have an important role in their children's lives.

If that doesn't work, invite her to attend a mediation session.

If she continues to ignore, you can potentially take her to court and request the court to make visitation orders for the father.

You should consider engaging a solicitor - people take letters from solicitors more seriously than letters or text messages from ex partners.

 

[Troubled1985]

And she definitely gave birth to the baby? There's confirmation of that?

Yep... she gave birth to a baby boy =)

 

[Troubled1985]

First step is to try and reach out to her and reason with her explaining that father's have an important role in their children's lives.

If that doesn't work, invite her to attend a mediation session.

If she continues to ignore, you can potentially take her to court and request the court to make visitation orders for the father.

You should consider engaging a solicitor - people take letters from solicitors more seriously than letters or text messages from ex partners.

We have tried to get in contact with her but she isn't replying to phone calls or messages. Looks like we should find a solicitor by the sounds of it.

 

[Hayder Shkara]

I'm happy to be of assistance. You can give me a free call - Hayder Shkara, Lawyer, Neat Law - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly - and I'm happy to discuss. I'm a family law solicitor.

 

[Troubled1985]

I'm happy to be of assistance. You can give me a free call - Hayder Shkara, Lawyer, Neat Law - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly - and I'm happy to discuss. I'm a family law solicitor.

Just curious - does he have any legal rights to pursue this - as he isn't on the birth certificate (Well he didn't sign anything - not sure if that is the process of putting someone on the birth certificate)? She could have potentially put someone else down as the Dad on the birth certificate - so my partner wouldn't be able to do anything would he?

 

[Hayder Shkara]

Would be able to get a court order that requires both parties to submit to DNA testing.

 

[AllForHer]

If he can't find her, he can file for a location order with the Court, which enables the Court to compel various agencies to disclose her last known address so that an initiating application for parenting orders can be served on her.

Before he can do that, though, he should contact Legal Aid about organising a family dispute resolution conference, which is mandatory before proceedings can be commenced in Court. Legal Aid will use their own resources to try and locate the mother on your behalf. If she refuses to attend family dispute resolution, he will be granted a s60I certificate that will enable him to file for proceedings through Court.

It's likely the Court will make orders that facilitate the child spending time with the father because children have a legal right in the Family Law Act to know, spend time and communicate with both parents on a regular basis. Orders would be made with the child's best interests being paramount.

I strongly suggest contacting Legal Aid as your first point of call. Your partner may be eligible for funded representation, and even if not, he can at least get a free consultation for legal advice.

 

[Troubled1985]

If he can't find her, he can file for a location order with the Court, which enables the Court to compel various agencies to disclose her last known address so that an initiating application for parenting orders can be served on her.

Before he can do that, though, he should contact Legal Aid about organising a family dispute resolution conference, which is mandatory before proceedings can be commenced in Court. Legal Aid will use their own resources to try and locate the mother on your behalf. If she refuses to attend family dispute resolution, he will be granted a s60I certificate that will enable him to file for proceedings through Court.

It's likely the Court will make orders that facilitate the child spending time with the father because children have a legal right in the Family Law Act to know, spend time and communicate with both parents on a regular basis. Orders would be made with the child's best interests being paramount.

I strongly suggest contacting Legal Aid as your first point of call. Your partner may be eligible for funded representation, and even if not, he can at least get a free consultation for legal advice.

Thank you very much - that is very helpful =)