Hi IMs.
I need to know, have any parents on here filed for sole parental responsibility for their child/children and been granted it?
How did you go about it? How long did it take? How much (roughly) did it cost? Any advice?
I have been in put a position where this seems to be the best and only option for the welfare of myself AND my child. The father has made no contact with myself to ask how my child is, or even seen my child in over a year, and is not planning to anytime soon. Has not paid child support (what little he is meant to pay), and does not contribute to my childs life. He actively denies that my child is 'his' if asked about him, but is refusing to sign the papers because 'it's what I want'.
My child has a Dad, who he calls Dad, knows as Dad, and has been since birth
Also, needing names of reasonably priced family lawyers.
No negative comments wanted or needed, as you don't know the full story, and I don't feel everyone needs to know it. Thanks so much.
9 Replies
it is very hard to get and if you go to court then he could turn around and say he now wants visitation. get witnesses, write everything down, date every conversation that he denies all responsibility, speak to a lawyer, in order to get names of different ones you will need to let people know your area.
I have sole parental responsibility due to child abuse. I had legal aid. It took approximately 12 months. In the end it was done through a telephone family dispute resolution conference.
We didn't bother getting anything formal done. I just had to sign a stat dec once (for education purposes) to say we had not heard from my sons father and didn't know where he was. As he hadn't signed the birth certificate we were advised we didn't need to seek his permission for passports etc. he eventually paid up his child support thanks to him having signed a parental acknowledgement form after being threatened with a paternity test.
My ex had been emotionally abusive to my son and had social services on me several times with false accusations. He's threatened me on the doorstep and in front of our child and still the courts are offering him access. It's difficult to get sole residency if the father is showing any interest in the child
It is a very hard thing to get.
Of the biological father makes no contact with you or your child why not just leave it as it is??
If you proceed with legal action he may ask for visitation just to piss you off.
Good luck.
I'm in the process of going for sole parental responsibility at the moment. I have been waiting about 1.5 months going through the mediation process with out knowing whether or not his going to do it. Courts can take a while to. It can be a bit costly but worth it. Gather up any evidence you can, even if he changes his mind and you get concent orders signed the courts still have to see the evidence on why they should sign off on it to. There is rare occasions you can get it through the courts, but they do like to try to have the best interest of the child which means having access to both parents and both having parental responsibility. It is possible to do and will be worth it when you do, good luck with it all. If you are in brisbane I can reccomend a good family lawyer.
I'm in brisbane and hitting courts (fathers parent taking matter to court). Currently self representing. I'm interested in a decent family lawyer. Thanks.
I'm going through aba lawyers at Stafford, Andrew did my mums divorce and our custody arrangements and got exactly what mum was hoping for from it. He is also reasonably priced from what I've seen others have to pay.
Sorry to tell you Hunny, but the family law sucks.
My ex walked away from me pregnant with a 12mth old. Chose not to see oldest child or new born when arrived.
I instigated mediation. He refused. I tried again. He refused. Not interested. His parents arrived from overseas and suddenly I'm in court.
Judge awards him visitation - time 7 days each fortnight (no overnights). 8 hours straight with 5mth old. Unsupervised access and handover. Baby hadn't been away from me AT ALL. Domestic violence ment I couldn't do changeover. I had 2 days to prepare children to go with stranger. Baby was exclusively breastfed.
Have interim orders which state children live me me & spend time with him "xx". Joint responsibility.
Joint responsibility is BS. I'm having trouble with daycare as they still believe old system of custody & access. I cannot enrole baby into daycare to go back to work without his signature. He will not provide it. But then again, coming from a guy who through in a $150k a year job just to avoid paying child support - it doesn't seem strange.
I've it in writing that he didn't want the kids over Easter. That he would amend the time he sees the kids to a more appropriate time as long as he doesn't have to feed them. Also, have it in writing that I should expect him to out eldest child On toilet as "he needs to maximise his time with the kids". His last visit he tacked on additional time to court awarded time as child wanted to use the toilet. (Visit was originally 4 hours).
I've also had him advise that I needed to discharge my baby from hospital ( head ingury) to allow access visits to continue. He also refused to start toddler on medication - took 2 weeks before he saw the doctor regarding it.
My heart tells me he shouldn't have joint responsibility and the level of access should be reduced.
The court system allows an abusive controlling parent to continue the abuse and control :(
Good luck & let me know how you get on.