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Can a contract be drawn up between the mother and father…

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Can a contract be drawn...
Can a contract be drawn up between the mother and father agreeing that the father does not need to pay child support or have any legal obligations for the child?
Submitted: 2 months ago.Category: New Zealand Law
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5/25/2018
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,851
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
You can negotiate a contract like this this. In the longer term it may not be easy to enforce however because the courts take child support obligations seriously and if the mother applies for liable patent contributions through Inland Revenue that would override the contract
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Customer reply replied 2 months ago
Thanks, ***** ***** we completely terminate parental rights?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
You can sign a contract to do that, but again, in the longer term it may be difficult to enforce. The only way to sever the ties would be if another man and the mother adopted the child
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Customer reply replied 2 months ago
Can this be done even before the baby is born?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
No, any contracts must be signed after the child is born
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Customer reply replied 2 months ago
Can a lawyer draw up the contract?
Customer reply replied 2 months ago
I'm currently pregnant and my ex has asked for this and I am ok with it, there anything else need to consider before I sign something like this? He has also asked that I put in the contract that I don't tell the child who he is and not go on the birth certificate can we put that in it?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
You can do that. But actually I would not support such an agreement if I was your lawyer, although that is your choice
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Customer reply replied 2 months ago
Why not?
Customer reply replied 2 months ago
If I sign it would be lose legal rights to the child?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
If he isn’t on the birth certificate then the father cannot claim guardianship or parenting rights as of right. It is possible if he later changed his mind, for him to try to assert those rights although it would not be easy
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Customer reply replied 2 months ago
if I decided to go with adoption would I need his consent?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
I was thinking that in future years the child may want to know who is the father. If there is no record that would make this difficult. Sometimes generic records can be important to understand health issues for example
If he is not on the records then you would need to apply to dispense with the fathers consent. If you do so on the basis that the father has waived all rights then that could be done
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Customer reply replied 2 months ago
I'm not sure what records you are referring to?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
The birth records from the birth certificateThe work generic should read genetic
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Customer reply replied 2 months ago
If he doesn't want to be put on the birth certificate can I put him on it without his consent
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
No, as he has to sign as the other parent
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Customer reply replied 2 months ago
Ok so will we be able to access the father's genetic records if the child is on the birth certificate but we would need his consent if he is not on the birth certificate?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
that would mean he has to accept he is the father which you say he is trying to avoid
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Customer reply replied 2 months ago
he is trying to avoid it. He wants that the child doesn't find out who he is until a certain age or preferably Never be put in?
Customer reply replied 2 months ago
Can he stop the child knowing who he is as per the above, is that legally enforceable?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
Often the motive is to avoid child support which lasts until the child turns 19. But the child could apply for a declaration of paternity which does happen from time to time.
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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
You cannot force him to have a role in the child’s life, but he can be forced to pay child support if you choose to seek this
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Customer reply replied 2 months ago
How could the child find out who he is through a declaration of paternity if he is not on the birth certificate?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
A combination of oral evidence and sometimes by getting body samples for DNA testing is usually how this is done
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Customer reply replied 2 months ago
Would he still be considered the child's father in the eyes of the law with this agreement?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
Of course the father could choose to avoid any claims by things like being overseas or avoiding samples
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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
But if there was an agreement about this that would be on the premise he was the father and was seeking to avoid child support and parenting obligations so the agreement would be the evidence of paternity
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Customer reply replied 2 months ago
He wants to put in that told who he is until a certain age is this legally enforceable even tho a declaration of paternity can still be applied for?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
You can put that on an agreement if you want
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Customer reply replied 2 months ago
How old does he have to be to apply for a declaration of paternity?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
No particular age although he would need to use a parent or guardian until he turns 18 and is an adult
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Customer reply replied 2 months ago
I have a couple more questions, if anything happens to me who will become his legal guardian? Will this go to my ex being his biological father?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
The best protection would be for you to name a guardian of your choice in your will. That person would then become the guardian if you died.
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Customer reply replied 2 months ago
I don't currently have a will, if I didn't name someone would it go to him?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
If the father isn’t on the birth certificate then he cannot claim guardianship as of right. It would be your family who would need to decide possibly with the help of the family court if they could not agree. So getting a will and naming a guardian is important
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Customer reply replied 2 months ago
Both my parents and my family are back in south Africa can I name someone out of the country?
Customer reply replied 2 months ago
to sign a document like we discussed would he need to go on the birth certificate or not?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
You should not name a guardian out of the country where you live as that would make this complicated. If you do name a guardian in a will it doesn’t matter if he is on the birth certificate
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