Hi curious to know. Father is refusing to hand child over to mother becuase mother has a new partner. Hands eldest child over no worries becuase there is a court order in place for eldest child. No court order for youngest child. As it turns out the father is not named on the birth certificate for the youngest chikd. Can a recovery order retrieve the child because of this? Until a DNA test can be done? If not she will have to wait for mediation then a court appearance which can be weeks/months in Qld considering coming into Christmas. If there was real concerns for safety etc for children I'm sure the father would also put up a fight for the eldest child.
16 Replies
Personally I wouldn't have handed the child to the father in the first place without court orders.
Apply asap for a recovery order.
Does he have any reason to be worried about the new partner?
Is he not the father of the youngest child?
Why is there no court order for the youngest?
How long has Mum been with new partner?
What is the ages of the children?
Maybe he really is concerned for their safety but doing this the legal way?
As there is no court order in place the father doesn’t have to give the child back. As long as the child is safe, looked after and has everything that he needs the police won’t make the father give him back. She will need to apply to the courts for a recovery order and bide her time.
The father is not on the birth certificate so until paternity is proven , legally he must return the child or face prosecution.
The father receives Centrelink and pays child support for the child. If he has no rights and paternity isn’t proven why would he be getting/doing that??
All of that doesn't matter though. Legally he has no leg to stand on until hes a documented parent or guardian of the child.
Is said father paying child support? I ask because if he is then even though he is not named on the birth certificate you have both at some point acknowledged that he is in fact the father.
It's set as 50/50 for eldest child when seperated. Then they got back together n had 2nd child but didn't go through court. Father was seeing someone else but mother was still at his beck n call until she met someone else. Once he fouND out he kept both children from her until she threaten police. Becuase only eldest child is under court order he kept the youngest. Its purely out of spite as the new partner doesn't see the kids. Both children are under 5 years old.
I would call the police as he cant prove any relationship surely the child will be returned to the mother.
That's what I thought too. He recieves an adjusted centrelink payment for the child and thats how far it goes. I though a birth cert would be the actual document needed. I am all for shared custody but using children as weapons really rubs me the wrong way and I kind of go into this mode of "if u wanna play dirty, I'll play dirty"
Agree. The only exception is if he has any legitimate reason at all to believe this man is or has done anything questionable to the kids or in front of them.
Doesn't have to be on the birth certificate. She needs to go about this properly
Unfortunately she doesn’t really have a leg to stand on with police making him give the child back. She will have to go through the courts to either get him back full time or 50/50 like fathers do when the mother decides to deny access
He isn't on the birth certificate. It's kidnapping until proven otherwise. Is he even the father?
Take police to his house and get the child back. Do not let him have the child again unless he gets a paternity test done and has a court order in place
My partner and i went through this with his child and because he was not on the birth certificate and there was no proven evidence he was the childs father police removed the child. This was all despite the fact he was paying child support, he knew 100% the child was his. It was a case of give the child back or be charged with kidnapping.
How sad for those poor children. If the child isn’t/ wasn’t in harms way I would not involve the police. Your issues sound like adult issues and this doesn’t sound like it’s about the well being of the child/ren at all. Go through courts and do it with minimal impact on those children. It rubs me the wrong way when adults play dirty and cause trauma for the children all to be right or get back at each other. Unless you feel he would actually harm the child WHY would you do anything that could upset the poor children!!!!