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I am due to give birth in a couple of weeks. The father is…

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I am due to give...
I am due to give birth in a couple of weeks. The father is not interested in being involved in the baby's life either as a parent or financially. Is there an agreement that can be drawn up between the two parents which absolves him of financial responsibility and also waives any right to access to the child up to a certain age, that would be upheld in court in case he ever changed his mind about such an agreement?? I am certain that he won't pay child support, however i face the future knowing he can just come into the baby's life at any point that suits him. I'm not sure if I want to do this (agreement), but am interested to see if anything like that has been done before. I live in Qld. Many thanks. Julie.
Submitted: 8 years ago.Category: Australia Law
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6/14/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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[QUOTE] s there an agreement that can be drawn up between the two parents which absolves him of financial responsibility and also waives any right to access to the child up to a certain age, that would be upheld in court in case he ever changed his mind about such an agreement? [/QUOTE]
There is a special type of agreement which can absolve him of responsibility towards the child, but even if the agreement says he waives access to the child up to a certain age, the court may be hesitant to enforce such a term because the Family Law Act creates a presumption of shared parental responsibility. As such you might want to pursue him for child support through the Child Support Agency as soon as the child is born.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.


Edited by Alex on 6/14/2010 at 4:52 PM EST
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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Customer reply replied 8 years ago
Hi Alex,

Thanks for the information. Do you know if there is any disadvantage to the process of claiming child support if I don't put the father's name on the birth certificate?
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Generally it makes things a lot easier for you to claim child support if you put the father's name on the birth certificate. Otherwise, if he disputes he is the father, then you would be the one put to the trouble of making him do a dna test at your expense.

That said, if you put him on the birth certificate, and then he disputes that he is the father, then he has to pay the court application fees as well as pay for the paternity test.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
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