QLD Relinquishing parental rights QLD

[Anon Mama]

Hi everyone.

My daughter 15 years old. We have had no contact with her Father for approx 3 years.
no bday, Xmas messages or phone calls, no care during any hospital admissions, no questions and conversations around schooling.

Miss 15 is wanting a passport (we have family overseas... she is also wanting to change her surname from her fathers, to mine.

I sent a text ask for an address so I can send forms to him.

His reply was to tell me that he was to “give up all parenting rights which includes child support and all ongoing inclusions - send me the paperwork”

So where to from here?

Does he have to get a lawyer and get forms drawn up?
Is there anything from my side that I need to do?

Curly question - all help appreciated.
Thank you so much.

 

[Jake Matherson]

You can't give up parental responsibility without an Order made by the Family Court and they wont do it just because you asked. 99% of people never get sole parental responsibility (made up percentage to highlight your chances)

Per the above, you can't sign away your responsibility to pay child support.
Mum might choose to private collect the payments and decide not to accept them.
However at any point mum could change her mind and collect via CSA and father would be required to pay.
Or mum can choose to end her CSA assessment and not be eligible for payments. However she could in future request a new assessment be done and dad would be required to pay given the current care percentages.

There is no paperwork you can fill out for the above.

Change her name:
Wait until she is 18 and she will have an easier time doing what she likes.
Too much stress involved trying to make this happen before that.

Passport to visit family on holiday:
Send dad the forms to sign explain it's for holiday to visit family and he should sign.
If he doesn't sign, I believe there are ways to suggest you have attempted trying to locate the father but have not been able to and you might be able to get a passport that way.
Or wait 3 years and travel as an adult.

Good Luck.

 

[Anon Mama]

thank you for your response Jake.
Just to be clear, I’m not chasing sole custody. The father is the one wanting to give up parental rights.

So he will have to petition the courts to get this happening?

 

[Jake Matherson]

Mother or Father would have to kick off Family Court application requesting mother to have Sole Parental Responsibility.
99.99% this application would be unsuccessful.
Father will always have to pay child support if mum want's to collect it. No way out.

Very big waste of time and money given the child's age. It will take you 1-2 years to finish the process at the MINIMUM child would be 16-18.

Get dad to sign for the passport or plan the holiday for 3 years away.

 

[Atticus]

Only one way he can voluntarily give up parental rights & also not be legally responsible for child support... That is by agreeing to the daughter being adopted.....

 

[sammy01]

sorry for the questions....
How much child support are you getting?
Can you get by without it?
My suggestion is that you communicate to dad that even if he relinquishes parental responsibility that doesn't mean he gets out of child support. AND he can choose to sign the forms to help you get the passport but if he chooses not to then the kid wont experience overseas travel.

There are provisoins within the australian passport office for you to circumvent dads attempts at blackmail
Children and parental consent

You could offer to go 'private agreement' so CSA no longer collects child support, so that dad signs the paperwork. If you do that and it works, then I strongly advise you to contact CSA the day the passport arrives and ask them to start collecting again on your behalf. (I'm not a nice guy).

 

[Jake Matherson]

contact CSA the day the passport arrives and ask them to start collecting again

hahahah brutal. But I understand the reasoning. Responsibility to the child and dad's being a twit not signing.

 

[sammy01]

15 yr old can change her name at school - easy.
Don't mess with this one, don't mention it to dad... One fight at a time.... And even if he agrees then you'll have to change her name (births deaths and marriages) Then use the new birtcertificate to get the passport. 2 government organisations... That alone makes my head hurt.

 

[sammy01]

OR agree - under the condition that you pay for the passport and prepare the paperwork - all he has to do is sign.
And He agree to prepare the paperwork for the consent orders and pay the application fee. All you have to do is sign.
You will get your passport he will still get to pay child support.
Hey jake.... I'm not as nice as you first thought - ha ha.