QLD Father giving up parental rights

[jen84]

Hello,
My boys are now 12 and 13 and have chosen not to see their dad for the last 2 years. Their father has not done anything to help this, I have advised him to get a psychologist to help rebuild the relationship with the kids, and I'd bring the kids, but he refused. He's now happy to give up his parental rights. He does not want to get a solicitor and doesn't want to pay out any money just told me to get the paperwork drawn up and he'd sign it. I have rang a few solicitors and they cost around $3k to have this done up. Money I don't currently have. is there a cheaper way I can get this done, like can he just do up and affidavit to say he's giving up all parental rights? Thank you for your help.

 

[sammy01]

yeah - do nothing. Can you give me an example in the last 2 yrs where you needed dad to do, say or sign anything? nope. Right. So why bother getting little bits of paper from a lawyer to change things? True?

Now the rest of my advice you're not gonna like. But please respect the fact that I spent the time writing it and nope, I'm not a troll.

U'm, maybe, there could be avenues for improving the relationship without psychologist intervention... Kids aged 12 and 13 do not get to choose to go to school, or the dentist. Just putting it out there that they should not have been able to choose to not see their dad, nor should you have been entitled to 'advise' him of a condition to see his kids is there being a psychologist present.

Regardless - nope he can't 'give up parental rights' - shared parental responsibilty is a presumption in family law. It can be rebutted, but only with good grounds, like dad is an ice addict. So nope, no easy out. Not that it matters because you can do all the stuff that is necessary for the day to day upbringing without dad. Getting a passport is the only difficult one and for the sake of saving the $$ on solicitors, you're better off doing nothing and if you choose to take the kids overseas and need passport application signed, contact the ex then.

Oh, another idea. By not doing this you're leaving the door open for the relationship between father and kids to be re-established and that is a good thing... Sorry, but just don't think it is cool to cancel dads.

 

[jen84]

Sorry that all the information was not given. There is a history of domestic violence and I didn't make the conditions of him seeing his kids there being a psychologist. He basically chose to see them a total of 5 times in a whole year and never even purchased them a birthday present, he got married (which I purchased the clothes for for the kids and took the kid to the wedding) the boys were not part of the wedding party and were not allowed at the reception. Their dad then chose not to see his kids for Christmas and the boys had enough and said he doesn't care, we dont want to see him anymore. I tried helping my boys through it, encourage them to have a relationship with their dad. The refused his phone calls and refused to get in the car to go to their dad. I took my kids to get help and they were diagnosed with PTSD and sever anxiety. I asked their father to get involved to rebuild his relationship with the kids, he refused. One of my sons was bitten by a dog and had to go into surgery and his dad didn't even show up to hospital, even though we were there for 4 days. He has chosen not to fix his relationship with his kids, despite my trying. I am not canceling their father, he has chosen to walk away and have another family and despite me asking for the boys to meet their sister he's refused. He doesn't want to pay child support anymore and I am ok with that, and he's happy to sign over his parental rights to the boys step father so he has the right to make the medical decisions for the boys. He doesn't want to be a father, he's just asked me to do the paper work. He is also someone who gets jealous and revengeful, and if I chose to travel yes he get jealous and would jump and and do something to stop me travel, he also threaten to stop be from traveling Australia with the kids in a caravan. Im a big believer in the kids having a healthy relationship with their dads, but this dad doesn't want anything to do with them. And he would like to give up his rights and walk away.

 

[jen84]

Also the statement we want on the giving up his parental rights is he and his kids can see each other at anytime, we are not stopping him seeing the kids, that can be negotiated and discussed at anytime. He just wants to give up child support and we need the boys step father to be able to take on legal guardianship for medical and schooling stuff.

 

[sammy01]

ok, so you can't get out of child support.
As far as schooling stuff, medical - look, there is this thing called common sense. So let's go to the extreme... YOU DIE. What happens to the kids? they stay with step dad. Why, well because common sense suggests that is what should happen.

U"m he threatened to stop you travelling AU with the kids? hmm how was he gonna stop you? He can't.

Look, ask him to sign passport forms. That will get the kids to nearly 18. Apart from that, there is no way for him to avoid child support unless you agree to go private collect and then don't ask him for the $. Simple. But wasting $ on solicitors for this is wasting $$$. Give it to me instead...

 

[jen84]

Lol, yes we are looking at doing it ourselves. I know the court won't let him get out of child support id do a private agreement. Thanks for you input.