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Should a child see her Dad?

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Both father and his current partner have criminal records and I dont believe daughter would be safe with him.

My daughter is four and her dad had a domestic voilence order placed against him when I was pregnant.

Since then he has denied she was his childand has had no contact with her.

Recently he saw a photoof her andagrees she is hischild. Now he wants toapply for custody.

Both he and his current partner have criminal records and I dont believe she would be safe with him.

What are his rights?

Also, I was exempt from naming him on the birth certificate and seeking maintainence, does that mean he has to prove paternity via DNA?
angelsmum said
My daughter is four and her dad had a domestic voilence order placed against him when I was pregnant.

Since then he has denied she was his childand has had no contact with her.

Recently he saw a photoof her andagrees she is hischild. Now he wants toapply for custody.

Both he and his current partner have criminal records and I dont believe she would be safe with him.

What are his rights?

Also, I was exempt from naming him on the birth certificate and seeking maintainence, does that mean he has to prove paternity via DNA?
I think a bit of exploration around the site would clearly answer some of the questions. In relation to "Also, I was exempt from naming him on the birth certificate and seeking maintainence," How can you be exempt from naming on the birth certificate. It is an offence (In NSW and yes I know you are not from NSW) not to declare the father where the father is known. A person who makes a representation in an application, notice or document under this Act or in response to a notice under section 44 of this Act (Registrars powers of inquiry), knowing the representation to be false or misleading in a material particular, is guilty of an offence. (2years prison max). One would need to have some more information about that and also you say you were "exempt from seeking maintenance". What does that mean? Do you mean Child Support or Spousal Maintenance? Why would you not want to have your child assisted by way of assistance from the father and what authority "exempted" you from seeking maintenance…All quite bizarre to me.


Executive Secretary - Shared Parenting Council of Australia
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RE Maintenance exemptions are real

angelsmum may be a talking about an exemption from seeking MTCE (maintenance) due to violence which can only be granted by a social worker once mum provides evidence. This takes place in conjunction with the CSA who will refer you to Centrelink. MTCE is all connected with Family Tax Benefit. To receive more than base rate you must take reasonbale steps to obtain MTCE or have an EXE granted by a SWO. As far as naming on the birth cerificate I take note of the last comment but we all know what we should do and what happens varies from person to person situation to situation legal or not. However, if he is the father he has rights whether he waved them in the past or not.

He could request a DNA test and I could see you would need to comply but there is no reason for a DNA if you know he is the Dad. You should not lie to anyone about the paternity of your child. He won't get "custody" no one does anymore but he should have rights. Any criminal records or DVO's would go into evidence. Take it slow try to talk to him keep records of everything and be truthful don't fuel the fire NEVER let your right hand know what your left is doing (don't tell him or anyone what you are really thinking and don't offer info to him) The ball is in his court let him play it. Good luck

IIIBETTER Not BITTER III
I was exempt from seeking maintenance through Centrelink.

He was not around so could not sign the birth certificate and I asked the registry of Births, Deaths and Marriages to leave it blank.

I know he is the dad, he knows he is, but as he's not on the birth certificate I am confused regarding his rights as the father.

He abondoned this child and denied her from day one.
I know it's hurtful for you. I can really feel your pain I have been there. My first child I was married he is now 21 and has never seen his dad even though he ON the birth certificate! His dad also denied his child and has never paid a cent towards his upbringing. Also domestic violence involved.

Wade through the pain slowly. Hold your head up. This isn't all about legislation and family law rules amendments and acts and precedents. There are people hurting confused and overwhelmed. Even though at the end of the day we must separate our feelings from our actions and words during this tortuous time we are afterall human. Feel every ache but never let this affect what you write or how you act towards him. Be amiacable it goes a long way. Read what you can and ask questions be INFORMED. My motto: BETTER NOT BITTER

IIIBETTER Not BITTER III
angelsmum said
I know he is the dad, he knows he is, but as he's not on the birth certificate I am confused regarding his rights as the father.
Parents in the Family Courts technically do not have rights - the child does. The Act is also very specific about the rights of a child to know each parent.

Forget the 'custody' bluff, anyone using this old term is living in the past or their own little world.

Yes he could make an application to have contact with the child but first has to go through the FRC process.

We would suggest that you spend some time reading on this site particularly the 'WebGuide' section.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.

Criminal Record - Who Hasn't?

My comment is about the criminal record statement.

Please do not let the fact that someone has a criminal record cloud your judgement or preclude you from considering the father and his new partner as responsible and reliable potential parents.

Would it surprise you to know that a great many Australians have a criminal record for something.  Even the Police Services in Australia have officers who have criminal records (admittedly minor, but still criminal).

As a reporter i have interviewed many criminals who are fantastic parents.  We all make mistakes.
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