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My parents want to have my 5yr old son Live with them

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Rights

My parents want my 5yr old son to live with them and my son wants to live with them, he has always had a special bond with my dad as my other son has autism alot of my time goes to him. I do not get along wit my parents for several reasons but I can see my son is not happy with us, we are happy to let him go because its what he wants to do, how do I sign over my rights to them?
This doesn't exactly answer your question but I did find an interesting Judgement today around Joint guardianship

Case:
H v W (1995) FLC 92-598, Family Court of Australia, Full Court, 05 April 1995
  • …court of its welfare or best interests jurisdiction. This was most strikingly illustrated in Re W (A Minor) (Consent to Medical Treatment) (1993) 1 FLR 1 where the Court was concerned with the question of proposed medical treatment against…

The first of the orders made by her Honour was a consent order:

    ``That the husband and wife have the joint guardianship of the infant children of the marriage S born on the 3rd day of November 1986 and D born on the 23rd day of March 1988.''

This order was not the subject of this appeal. Consequently, we do not propose to make any change to it. But we think that, although this was not the subject of any submissions before us, it is convenient to point out that Section 63F(l) of the Family Law Act provides:

    ``Subject to any order of a Court for the time being in force… each of the parents of a child who has not attained 18 years of age is a guardian of the child, and the parents have the joint custody of the child.''

The practice of making ``joint'' guardianship orders is a common one, but it is not the normal one prescribed by the legislation. Unless it is by agreement or unless particular reasons are given, it should be usual for a judge at first instance who wishes both parents to continue to be guardians to make no order at all as to guardianship and leave the matter as established by the legislation. Whilst the ramifications are not entirely clear, there may be significant differences between the legislatively prescribed situation of each of the parties being ``a guardian of the child'', and the commonly ordered situation of the parties being ``joint guardians of the child''.

You would not necessarily need to give up any RIGHTS but it depends on what you are trying to achieve. If a short term event then you can have the CSA and Centrelink divert some funds to the guardian without the need for full removal of all guardianship rights.

A 5 years old seems young to me to make up his mind to leave the family for his Grandparents. I would approach giving up any legal rights extremely carefully, and work initially on arranging some contact times at this stage. I could see he might feel you are giving all the time to the other child and you might need to find ways to improve that relationship. Take it slowly and see where things lead to. There does not seem to be a need to give up any guardianship relationship here. Have your parents specifically asked for such a change and what reasons ?


Executive Secretary - Shared Parenting Council of Australia
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you do not need to sign over any rights to them. The school enrollment and centrelink family allowances etc do not require you to "sign over" rights, to be activated with your consent. You or the boy may change minds one day.
As per the previous post, there is no requirement to "sign" over rights.

Please do consider this and the implications before you take this action.

Your circumstances may be that you can not offer your child what you believe he deserves and it may well be in his interests to live with the grand parents. It is also quite common.

You really only need agreement between all parties. You may wish to formalise it in some way and this can be from as simple as letter signed by all parties, either written by yourselves, or drafted by a solicitor through to court orders. All having varying degrees of enforcement.

It depends on what you all feel is necessary.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
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