Terminating fathers rights

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WorriedMum14

Member
5 January 2023
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I’ll try and make this as detailed yet obscure as possible (for my own safety).

I have multiple children, all under the age of 5. Their biological father has not been in their lives at all for the last two years, and for some time before that was only sporadically around (domestic and family violence order was in place preventing us living together).

He breached this order due to an assault (including on one of my children) and he pled guilty to this charge.

One of my children has severe mental health issues due to his continued abuse - he was diagnosed with anxiety, has been attending therapy for close to twelve months and his counsellor has detailed the facts (as advised by a small child - abuse from father and how the child is scared of him etc). Child safety got involved and advised I cannot allow him any access to the children but I was cleared as a fit parent (I have the letter to show this).

I have an exemption in place on child support due to the family violence.

I am the only person who has shown up every day for my kids and cared for them. I don’t want their father around due to his violence, drug use and just general awfulness as a person (yes, I know I had children to him, but I, like many domestic violence survivors didn’t believe he would treat me like that).

He is a heavy drug user (Marijuana and Ice), has an extensive criminal history (including new charges for domestic violence against someone since I left, recent drug charges and recent assault charges), doesn’t work and is generally a horrible a person.

My eldest child wants to change his first name and refuses to be called his legal name (same as his fathers name) and goes by my surname (despite his birth certificate showing his fathers surname).

I want to be able to legally change my childrens names and get passports so I can take them on holidays and show them the world. I work a full time job just so I can provide them a great life, but feel like we are in hiding still.

Is it possible to have his parental responsibilities removed? And how would I even organise family court if I don’t know where he is?

I have spoken to several lawyers who have all provided different answers.

Thank you for your help.
 
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sammy01

Well-Known Member
27 September 2015
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ok, my advice... Forget it. You're inviting him back into your world and risking causing your kids more distress. There is a cheaper option.
1. Birth certificates - yeah don't bother... But you can tell the school he has a preferred name and wants to go by that. Trust me on this one... I'm a teacher. I had 3 kids last year who are gender diverse and choose to go by a chosen name that reflects their chosen gender... Strange days we live in...

Now a bit of googling will find a solution tothe passport issue. Wait a year or two. Hopefully, you'll lose contact with him and can complete an application for a passsport without dad's permission.

Or spend $$ on court, risk the kids having to go through invterviews, risk dad responding with an application for time with the kids, and risk failing in your objective.
 

sammy01

Well-Known Member
27 September 2015
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This link is a start. it is achievable

 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
re: Passports.

I don't think there is a need to wait if you want to travel sooner. Claim special circumstances and provide your court orders and criminal history of your ex as justification.

re: Names - I agree with Sammy. They can be officially changed years later when legal documents are required (voter registration, driver's licence, etc).