VIC Terminating Parental Responsibilities by Signing Statutory Declaration?

[Swizzle56]

Hi,

I have 2 amazingly beautiful children with my ex-partner. Since we have separated, he has nothing to do with our 2 daughters. He did take me to mediation early last year to see them and he didn't stick to the parenting agreement that he wanted. And after 2 months, it was terminated.

He does not pay child support, has shown no interest in their education or anything that goes on in their lives, does not want to see them and late last year he signed the forms for me to change their last name to mine.

Is it true that if I get him to sign a statutory declaration saying that he wants to terminate his parental rights/responsibilities, will that be valid?

Many thanks

 

[sammy01]

Nope - parental responsibility can't be signed away. It can be taken away by a court if they establish that one parent really really is crazy / dangerous/ stupid / etc etc

 

[MartyK]

No a stat. dec. won't cover it. You could write up some consent orders (either use a do it yourself kit or get a lawyer to assist you) providing for sole parental responsibility to the mother, give them to him to sign, if he does, file them with the Court. Done.

If he doesn't sign them you would need to file an initiating application and go through the whole Court process.

If he doesn't have much interest in the child and is not oppositional to your decisions, it may not even be worth the bother.

 

[Swizzle56]

Thanks for the info on that, I didn't realize that you could get a DIY kit for this. It's definitely something that I will look into. If I use a DIY kit and he does sign it, do you know if that means I am able to move interstate with my children or is that a totally different matter?

Not wanting to move as yet but it could be a possibility in a few years.

Thanks for your help

 

[Hayder Shkara]

Swizzle if he hasn't shown any interest, I suggest you don't stir the pot.

You could apply for orders for sole parenting responsibility - however, you've got that already. You will need him to either sign by consent, or fight him (and probably not get everything you want) in court.

Is there a part of you that believes he could come back and request custody? How old are the children?

 

[Swizzle56]

The girls are aged 5 & 6. He wants nothing to do with them at all and he has said that in messages. Our daughters are quite scared of him as there has been intervention orders in the past and our eldest daughter sees a social worker at her school because of him.

So you think it might just be best to leave it as it is until he decides he wants to see them again? Even though that won't happen?

 

[MartyK]

Sometimes parents, even ones who have never shown any interest in their children before, can be reactive and fight for fighting sake (all the wrong reasons).

 

[Hayder Shkara]

Yes, exactly as Marty said. If you put up a fight, he may just react and fight just for the sake of fighting.

You go about your life.

If he really wants to see them again, let him go through the effort of organising mediation, putting in a court application, paying a lawyer, etc...

 

[Swizzle56]

Thanks everyone for your help.

Much appreciated xx