Non-Biological Parent Rights
The client, located in Victoria, is the biological parent of a child conceived via assisted reproductive technology during a previous relationship. The former partner, who is not biologically related to the child, is listed on the birth certificate. Despite a verbal agreement for a shared custody arrangement, the former partner inconsistently adheres to this agreement, causing distress for the client and impacting the child. The client has not initiated any legal actions or mediations but is interested in obtaining a legally binding parenting order. The former partner frequently changes her stance, which results in several instances of withholding the child.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the rights of a non-biological parent listed on the birth certificate, and how do they compare to a biological parent's rights?
In Victoria, a non-biological parent listed on a child's birth certificate is considered a "parent" under the Family Law Act, granting them presumptive parental rights and responsibilities similar to those of a biological parent, which include decision-making regarding the child's welfare, education, and healthcare. Disputes may arise that necessitate court intervention to determine the child's best interests, focusing on the child's relationship with each parent and living arrangements.
Can I pursue a legally binding parenting order if my former partner refuses to sign a parenting plan, and what would the process involve?
You can pursue a legally binding parenting order through the Family Court if your former partner refuses to sign a parenting plan. This process involves filing an application for a parenting order, which may require attendance at a family dispute resolution session unless an exception applies. The court will consider the best interests of your child and may issue orders regarding parental responsibility and visitation.
How does the Family Court view verbal agreements regarding child custody, and can they be enforced?
The Family Court does not enforce verbal agreements regarding child custody as they are not legally binding. While they may reflect intended arrangements, formal agreements or court orders are necessary for enforceability.
What steps can I take if my former partner is withholding our child against verbal agreements, and is there any urgent relief available?
If your former partner is withholding your child, you can seek a legally binding parenting order through the Family Court. Keep a detailed record of withholding instances, which can support your case if you need to apply for a recovery order.
What evidence should I gather to strengthen my case for a formal custody arrangement?
Gather evidence showing current care and living arrangements, including written communication detailing any inconsistencies in your former partner's adherence to the verbal agreement. Document impacts on your child's well-being and collect communication about parenting plans proposed to your former partner.