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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I want to divorce my wife. She wants a child with me before

Customer Question

I want to divorce my wife. She wants a child with me before we split up. She is willing to raise the child on her own with no input or support from me.Is it possible to formalise this agreement such that I surrender both parental rights and parental liability? My concern is she changes her mind 5 years from now and I am liable for a child I never wanted in the first place.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Western Austrlia. And you read really fast
JA: Has anything been filed or reported?
Customer: No, we're still at the IVF stage, we haven't gone through with it yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: IT may not be relevant, but my wife is in the process of applying for citizenship. If we divorce without a child before it is finalized she will almost certainly be deported.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Customer: replied 6 months ago.
I'm sorry, I was under the impression the question-answer process was only $5. I can see my paypal account has been billed $81, and I'm in the process of disputing it.
Expert:  Leon replied 6 months ago.

Good Morning

Do not be foolish. You will be liable for child support and you cannot contract out of that. Also it is irresponsible to have a child with someone that you no longer love or want to be with.

The court will not allow you to surrender your parental responsibility unless you are violent and it is in the childs best interests to do so.

Here is the section that says it.

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s61da.html

I would not be doing this. It is a disservice to the child and you will be liable for child support.

I hope this makes sense and is of assistance. if there is nothing further Happy New Year and

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards

Leon