A member asked about 8 years ago

Ex wants to sign over rights, what does this mean?

I have been at court for a year now with my mother and my ex for time with my son I have just received a email over Facebook from my ex's new girlfriend saying my ex wants to sign over his rights what exactly does this mean ? 

Thank you  and have a wonderful Christmas and new year 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. From the information you provided, it sounds like your ex has been the parent responsible for looking after your son. You are currently in the middle of court proceedings to obtain parenting orders that give you visitation rights or some other shared custody arrangement with your ex. Now, you believe your ex wants to “sign over his rights”. If we have misunderstood your situation, you can submit a comment below giving us more information.

Your ex may no longer want sole parental responsibility for your son or he may want reduced parenting responsibilities. The law says that parents can make any parenting arrangement they want, as long as it is in the best interests of the child. You can try to negotiate an informal parenting arrangement with your ex that is in your son’s best interests and also suits you and your ex. These arrangements can be formalised by obtaining consent orders from a court.

If you are not able to reach a parenting agreement, you will need to obtain parenting orders from a court. If you already have legal proceedings underway with respect to parenting arrangements for your son, you (or your ex) will need to tell the court that your ex no longer wants parental responsibility. The court needs to have an accurate understanding of what each parent wants and is willing to do.

In making a parenting order, the court must consider the benefit of your son having a meaningful relationship with both parents and the need to protect him from physical and psychological harm. There are many other factors a court may take into account such as each parent’s personal circumstances and attitude to the responsibilities of being a parent. Even if you believe your ex wants reduced or no parental responsibility for your son, a court will not make a parenting order that intentionally puts your son in danger or is otherwise not in your son’s best interests.

Suggested way forward

More information about family law and parenting orders is available from Legal Aid Queensland (www.legalaid.qld.gov.au) or the Family Court of Australia website (www.familycourt.gov.au). You may also wish to consult a lawyer who can properly assess your situation and advise you of your legal rights with respect to your son. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 8 years ago   Legal disclaimer


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