I am due to have my Son here in Australia, I have plans to leave this country. What rights does the father have, we will be leaving because of his behavior towards me, I want our Son to not be around this and I urgently need the support of my family as I am here alone. What can I do we are not married, and I do want Son to knw at least who his father is on his birthcertificate at least. What are my options?
Yes, the easiest way for you is to not name him on the birth certificate and then leave the country. He would then have to go through the court system to try to get blood tests to prove that he is the father and then go for acess rights....but you would be long gone and perhaps difficult for him to find. The downside to this however is that you are forfeighting your right to receive child support from the father as he should be financially liable for this child also.
Your other option is to 'do the right thing' and go through the court system. If he is violent then you could seek an AVO and use this information against him in court. The problem with this is that it will be quite expensive - because the courts view towards family separation in Australia has changed - there is now an assumption that mothers and fathers will have equal custody of children (ie spend 1 week with mum and then 1 week with dad). It is now up to either party to try to convince the judge that this situation would not work, rather than the old system of fathers getting every 2nd weekend plus half holidays unless going to court to try for more time.
How interested does he seem in having a postive relationship with his child?
I think you need to go to your local Family Court and ask for advice from them. Your babies father could actually get a court order to prevent you from taking the child out of the country, so you need legal help with this.
Your option is not to name the father on the birth certificate or any of the other documents they give you to sign at the hospital... Once you do, he has equal rights to access, and he can stop you from leaving the country with your child by making a simple emergency phone call 24/7.
The only downfall stated on the paperwork is that your child may need medical treatment or suffer from hereditary illness from that side of the family one day and need help. Or, your child may suffer some sort of identity crisis not knowing their father.
From what I understand, if your child is born here, and his father name is on the birth certificate, then he has legal rights to not let you take the child out of this country. My friend has a son to her ex, and she can never go back to her home country for more than 2 weeks, as her ex will not allow her to... You apparently have to have the childs fathers permission. This is what has happened to my friend anyway. If you see legal aid, perhaps they may have advice for you....
I meant that She cannot take her son with her to her home country for more than 2 weeks. She can come and go as she pleases, she just cannot take her son with out the fathers permission...
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