Legal Question in Family Law in Australia

relinquishing parental rights

my childs fatherafter 8 years of paying child support wants to relinquish his parental rights to me if he does not financially have to pay for her can he sign her solely to me (the mother) or does he need to sign her over to my partner and i? is there any paperwork we need to make it legal?


Asked on 4/22/08, 5:18 am

1 Answer from Attorneys

Dean Love Dean R. Love & Associates

Re: relinquishing parental rights

It can be done but it is a bit tricky.

If he signs Family Court Consent Orders relinquishing parental responsibility, Family Court can still refuse to make these orders (despite parties agreeing to them - because they may not be in the best interests of the child). Also he can always re-apply after the orders made because there are changed circumstances.

To stop paying child support, both parties can execute a Child Support Agreement - but this must be approved by CSA (which may not happen if it involves a nil amount, and you are receiving benefits from Centrelink).

If a Child Support Agreement is made - very hard to set it aside if he doesn't stick to his part of the bargain - namely he re-applies to Court for parental rights on the grounds of changed circumstances.

There are however - other ways to deal with this problem - Have Child Support do an Assessment, but then have private collection (ie, CSA not collect for you). Then you have a non-legal "gentleman's agreement" not to have CSA collect/ and not for you to privately collect child support - so long as he stays away from you and child.

That would probably be how I would handle it.

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Answered on 4/22/08, 5:28 am


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