Custody Rights Dispute
The client is experiencing a child custody issue in Western Australia, concerning an unborn child. The client is worried about lacking any rights to the child once born, particularly since they will not be listed on the birth certificate. The situation emerged after the client discovered their partner was involved with a family member, resulting in a separation. No legal actions or custody arrangements have been established thus far. The client is seeking information regarding their rights as a prospective parent in this situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkDo I have any rights to apply for parental responsibility if I'm not on the birth certificate?
Yes, you can apply for parental responsibility even if you are not listed on the birth certificate. In Australia, an unmarried father can obtain parental responsibility through various means, such as entering into an agreement with the mother or applying for a court order. Obtaining parental responsibility will grant you legal rights and responsibilities concerning your child's upbringing, including decisions about education and healthcare. It is advisable to consult with a legal professional to guide you through this process.
What steps can I take to establish a legal relationship with my child?
To establish a legal connection with your child, you may apply for a court order to recognize you as the child's father. Establishing paternity through a formal declaration is essential if needed. Once paternity is confirmed, you can pursue orders that detail the arrangements for your contact with the child. Consulting with a family law solicitor can provide guidance throughout this process.
Are there any interim arrangements I can seek to ensure I have contact with my child once they are born?
You can seek an interim order from the family court to ensure you have contact with your child after birth. This order will outline the arrangements for the child's care, including living arrangements and visitation. Initiate the process by filing the necessary court documents. The court's priority will be the child's welfare, generally supporting parental relationships unless there are valid concerns.
What legal options do I have if my ex refuses to communicate or cooperate regarding our child's welfare?
If your ex-partner is uncooperative regarding your child's welfare, you can apply for a court order that addresses the child's arrangements. You must show that your involvement is in the best interest of the child. Mediation is often encouraged before taking court action. If mediation does not work, court proceedings may be necessary.
