A member asked over 8 years ago

Scared for my baby

I am pregnant & my now ex boyfriend is threatening to take the baby off me as i dont get along with his seven year old daughter. The reason i dont get along is i think there is something wrong with her she has tantrums if her father gives someone else attention she hurts other kids if he plays with them or interacts with them. She also says "you dont love me i want to die " if he plays with other kids. He rewards her bad behaviour instead of punishing her .. i am scared what she will do the baby if she is left alone with it..  what are my legal rights and can he take the baby off me? 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. You must be having a difficult time. A Court will not take a new born baby away from a mother unless there are serious concerns that the mother is in imminent danger of harming the child. For example, if a mother is seriously drug dependant or has a strong history of violent crime or is currently imprisoned for a serious offence such as murder. Courts make decisions regarding the custody of the child on the basis of welfare of the child. The health and safety of the child are paramount to a Court. From what you have said, you do not pose any risk to the safety of your baby, in fact it sounds as though the welfare of your baby is of utmost importance to you. A court would never order that a baby be taken from a mother who is caring for her baby, and whose baby is not in any danger or harm from her.

If you believe that your partner’s daughter poses a real risk to the wellbeing of your baby it is important that you take steps to ensure that she is not capable of harming the baby when it is born. This might involve moving to another place away from your partner and his daughter.


Suggested way forward

If you are unsure of your rights regarding a separation from your partner especially concerning your baby we recommend that you contact New South Wales Legal Aid. Legal Aid can explain to you what your rights are regarding your new born child. Legal Aid can also provide referrals for you to several different organisations which provide crisis accommodation for women leaving difficult relationships as well as counselling and general advice for the care of your newborn. This will allow you to make an informed decision in the best interests of your child and yourself. Legal Aid can be contacted on 1300 888 529 or you can visit their website for more information.

Answered over 8 years ago   Legal disclaimer

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