Can a young baby be kept beyond reasonable agreed time by the dad if there is no court order in place with parenting order.
Can they just keep them because theres no legal agreement as as hes legal guardian as i am, can he go against me and keep bub ?
I'm scared of this happening if he keeps bub longer and thinks he can.
Can a court order be set up early days of new baby or before baby?
I want to ensure bubs safety and to have something in place to prevent him from doing what he wants to spite me and power and control over me and baby. :/
Not sure if i am making sense. Sorry.
7 Replies
Yes he can. Police won’t intervene because it’s a custody dispute. Without papers they won’t do anything and you have to take it through family court and get orders and then they will enforce them. Take care.
Yes, he can take the baby and keep it as he is also the parent.
You could move, you could up and leave the state before the baby is even born.
You could say he’s not the father and tell centre link you don’t know who the father is not claim child support and raise the child on your own 100% and make him petition the courts for a dna test if that’s what he really wants.
You can set up mediation, which is what you would have to go through first. As a judge won’t even look at a custody case before you’ve attempted mediation. You don’t have to actually hand the child over in this time at all. Especially if you’re worried they will not return the child. When it comes to young babies it’s best to start small. Dad visits for a few hours a day a few times a week for supervised visitation, then as bub gets older her can take for a few hours etc as the child get older his time becomes greater until eventually you can perhaps co parent 50/50. It all depends on the people.
If I had a redo, I would do exactly this. move and disappear from the father before the birth, list father as unknown and avoid the years of bullshit you’re about to go through with this one.
You shouldn’t even be still communicating with him, this is too stressful for you and baby and what do you get out of it? He gets more, trust me. That contact with you, he needs that. Without it, he loses all the power.
Both these comments are so selfish, he's the other parent too, unless your lives are in danger , how dare you withhold a father from his child in this way . Getting Court Orders is the right way, otherwise.
Yeah he can as he has equal right as the child’s parent. The police won’t deal with a custody issue… not even if there is a court order in place. You would have to breach him in court and have the judge deal with it. In saying that it is 100% not OK to take a child from his/her mother as an infant. Go to mediation and if an agreement can be reached get it signed off by a judge to make it legally binding. Don’t delay as soon as Bub is born do this. He needs to understand he doesn’t hold all the power and you need to be somewhat flexible too. As mentioned before short visits a few times a week to start. And the most important thing start documenting anything of concern from day one. Have 2 diaries one for you and one for Bub. How he deals with you is not anything to do with custody. I say have 2 diaries because anything to do with Bub is for mediation and anything to do with him getting out of hand with you is potentially a police issue. Very separate things. Hopefullly it all goes well but if not you will need to have a case with specific occurrences along with dates and time it happened.
In short? Yes. Get parenting orders in place asap.
In australia, Even with orders, yes....he can....! Court orders are not worth the paper thay are printed on. A recovery order can be applied for, with both parents presenting reasons to the judge (federal judge) they will then make a ruling on a recovery and you will pretty muchly start the process of parental orders. You will likely have the recovery granted being you have been the main care giver, but if he has some sort of evidence that the child is better off in his care, he may get temporary primary care until the proceedings is finalised. I have been in this mess now since 2018... going from family to federal courts due to constant breaches in orders. We don't go back to court until may 2023. Yes, 5 years.... ours is more complex being the children are aboriginal so more chances have been given to their mother due to cultural reasons.