A biological father does not automatically obtain PR&Rs. Where children are born before 4 May 2006, and the father is not married to the child’s mother and does not marry the mother after the birth, despite being named as the child’s father on the child’s birth certificate, that father will not hold PR&Rs without obtaining an Order for PR&Rs from the Court or by entering into a PR&Rs Agreement.
Often, applying for family rights is an emotionally challenging process, particularly where the communication is adversarial.
At Kee Family Law, we can help review your case and assess best options to obtain parental rights and responsibilities as a father. If you have established PR&Rs and are looking for guidance in custody and child contact agreements, we can also assist.
Do I need Parental Rights & Responsibilities?
Parental Rights & Responsibilities are necessary to make key decisions in a child’s life, including, where they will live, on medical care, social upbringing, or to emigrate and also it is what gives you a right to a relationship with them. PR&Rs are essential in establishing a duty of care to any child.
I am a step-parent to a young child, how can I obtain parental rights?
As a step parent married to or in a civil partnership with either the mother of a child or a birth father with existing PR&Rs, you can obtain rights by establishing a formal agreement with both biological parents of the child. You can also apply for a Court Order to be granted rights directly if there is concern for a child. Courts will always focus on what is best for a child’s welfare.
What happens if more than 1 person has parental responsibilities but we don’t agree on a decision?
If all parties with PR&Rs cannot decide on what is best for the child then the Court can be requested to intervene and decide based on the facts available contributing to the best outcome for the child’s welfare. Our advise however is that this should also be a last resort and we are very experienced in negotiating disagreement on your behalf to hopefully reach an outcome that is in your child’s best interests without requiring to go to Court.
How can I remove my Parental Rights & Responsibilities?
Should you choose to relinquish your parental rights, you can apply for a Permanence Order which will revoke your rights and responsibilities in favour of another party. As always, the Court will apply execution of such an order with the best interests of the child in any decision.