NSW Divorce - Authority Letter for Full Child Responsibility?

[HONG DUONG]

I already have a divorce and my children live with their mother. Can I write an authorised letter under family law for my ex-wife to have full custody of children, such as change their name, apply for passport? If yes, how can I do it? Any example letter for this situation?

Thanks

 

[Sarah J]

Are you asking whether you can appoint your ex-wife to be limited power of attorney? If you can. There are special procedures (formalities and execution procedures) for power of attorneys. It can be limited in scope and for a limited duration.

You should consult a lawyer to draft this for you as a simple letter will usually not do.

 

[Sophea]

Hi Hong Duong,

Are you wishing to relinquish your parenting rights as father of the child? If you are the children's father on their birth certificates you are deemed to be a person with parental responsibility and your consent will be required for various things such as obtaining passports, visas etc. If you want to give up this right and place the parenting responsibilities of your children solely in your wife's hands, you can "sign this over to her" by executing an agreement to that effect.

My recommendation would be to see a family lawyer to draft a comprehensive agreement for you so that you can be sure it covers everything that you want it to. That way you can be sure your wife will able to present it to prove she does not require your consent to authorities and you do not have to keep signing things or continually be involved in such matters.

 

[HONG DUONG]

Thank you very much for your advice.

I'm in Melbourne - Victoria now. I'll see my Lawyer to draft an agreement. Do I need to JP the agreement and who is the best to JP the document? (Lawyer, police, ...)

Thanks

 

[Sarah J]

Are you asking for who can witness your power of attorney?

"Can anybody act as a witness?
Your witness(es) cannot be your spouse, partner, child, your Attorney or alternate Attorney, or the spouse of your Attorney or alternate Attorney. Some jurisdictions disallow witnesses that are mentioned in your will, either as beneficiary or executor/executrix. You should generally avoid having witnesses that have any financial relationship with you. The witness(es) must be of legal age in your jurisdiction, they must have capacity and be mentally capable of managing their property and making their own decisions."

A justice of the peace can be a witness (i.e. police, justice of the peace, court member, lawyer, notary public etc.)

See:
- Power Of Attorney: Victoria Legal Aid
- Power Of Attorney: Office of the Public Advocate