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I want to relinquish my parental rights to my son and would…

Customer Question
I want to relinquish...

I want to relinquish my parental rights to my son and would like to know the process, my son lives with his father in nsw and i live in qld but i am having problems with my sons behaviour and overall attitude and it is affecting the 2 children i have with me and i belive it is affecting him as well and believe it would be in best interests of everyone that he remain with his father and i have no contact with him. so i want to know what forms i need to fill out or if an affidavit is suffient to give to my sons father

Lawyer's Assistant: What steps have you taken? Have you filed any papers in New South Wales family court?

Not as yet with regards ***** ***** termination but it has gone through the nsw courts regarding the custody and that is why he is in nsw

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Not as yet, i dont actually have a lawyer i had to represent myself when i went to court to see my son as i had not seen him for nearly 3 years because of his father and now that i have had him for the first time i have found that he is not the same boy he used to be and am having a really hard time dealing with his change of personality and believe it is because of the stress that he has been under trying to appease everyone that he is taking his frustrations out on the 2 children i have here and they are now fearful of him and it is sending them in to a down ward spiral. I was going to contact my sons fathers lawyer and find out from her but i was hoping i could just get it done with an affidavit

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so just the fact that the way things are at the moment i feel i have no rights where my son is concerned anyway because his father restricts me from doing anything for my son anyway even the favt of giving my son a hair cut, my sons father also has a very domineering and aggressive partner which makes things all the more harder to deal with as well

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/1/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,275
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 6 months ago

you can assign over your parenting rights of your child through a changed parenting plan.

have you considered this option ?

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Solicitor: Leon, Solicitor replied 6 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

I am Leon, Solicitor form Sydney.

My response varies form my colleague who has suggested amending a parenting plan.

The Law only allows the courts to take away parental responsibility and it is only done in extreme cases.

There is an automatic presumption of joint responsibility and there are specific situations where the court will take away responsibility from a parent. You cannot give it away or assign it because you want.

This is dealt with under Section 61DA of the Act which is as follows:

Section 61DA – presumption of equal shared parental responsibility when making parenting orders

FAMILY LAW ACT 1975 - SECT 61DA
Presumption of equal shared parental responsibility when making parenting orders

(1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.

Note: The presumption provided for in this subsection is a presumption that relates solely to the allocation of parental responsibility for a child as defined in section 61B. It does not provide for a presumption about the amount of time the child spends with each of the parents (this issue is dealt with in section 65DAA).

(2) The presumption does not apply if there are reasonable grounds to believe that a parent of the child (or a person who lives with a parent of the child) has engaged in:

(a) abuse of the child or another child who, at the time, was a member of the parent's family (or that other person's family); or

(b) family violence.

(3) When the court is making an interim order, the presumption applies unless the court considers that it would not be appropriate in the circumstances for the presumption to be applied when making that order.

(4) The presumption may be rebutted by evidence that satisfies the court that it would not be in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.

Subsection 2 onwards explain when the court takes the responsibility away from a parent.

So making a parenting plan will not give up you rights under the law.

If you wish to give up your parental responsibility you have to show the court that it would be in the childs best interests for you not to have any responsibility.

The following document is very detailed about this and I recommend you read it and in particular page 12 that gives a very detailed outline of the section.

https://www.foleys.com.au/resources/Parental%20Responsibility_Michele%20Brooks_08Nov2013.pdf

I am sorry I could not give you a simpler answer and say yes you can. The law needs to make sure the child is looked after first.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 5 months ago

Good Evening

I am following up my last post.
Is there anything else I can assist you with, if so please let mw know.

Regards

Leon

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