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-   -   What rights do I have with my unborn child? (https://www.askmehelpdesk.com/showthread.php?t=515540)

  • Oct 11, 2010, 02:02 AM
    lostaussiedad
    What rights do I have with my unborn child?
    Me and my partner aren't officially together anymore, as of the whole death threats from her somewhat deranged family, but we ( the two of us ) are still on good terms and want to be together, but the whole scene of her immediate family wanting to see me dead (and this is because I apparently know too much about their illegal dealings, I have about a dozen recorded death threats)... Nonetheless, I fear that she can't break ties with them, and I don't expect her to being her family, but I won't have my child growing up in that environment for one minute. What I'm trying to ask, what kind of legal grounds do I have to stand on? Because having a child has always been my life goal, and my little daughter isn't going to get away!

    * I stress, it's not so much the mother (my 'partner') that I am worried about, it's her family that she is now living with who have complete and utter control over her. Now that my child is only 10 weeks from birth, I am getting very worried.

    Lost Dad
    *EDIT - I am in Australia, but any information is always helpful
  • Oct 11, 2010, 01:06 PM
    cdad

    As far as unborn you don't really have rights. After the child is born you may be able to assert your rights as the father and go through the court systems in your area. Here is a resource for you to look at and check some of the laws that are specific to you and your area.

    Family Law - australia.gov.au
  • Oct 11, 2010, 01:25 PM
    AK lawyer
    Quote:

    Originally Posted by califdadof3 View Post
    As far as unborn you dont really have rights. ...

    Correct in the U.S. May or may not be true in Australia.

    Now would be the time to consult a lawyer, however. When the child is born you will want to immediately sue for custody.
  • Oct 11, 2010, 01:33 PM
    cdad
    Quote:

    Originally Posted by AK lawyer View Post
    Correct in the U.S. May or may not be true in Australia.

    Now would be the time to consult a lawyer, however. When the child is born you will want to immediately sue for custody.

    In general terms. Most states that allow for abortion do not include fathers rights. Since it is allowed in Australia and much of their law is based on the Queens law in the first place I believe it to be correct. His hands are tied until after the birth and the assertion of his rights.

    Abortion in Australia - Wikipedia, the free encyclopedia
  • Oct 11, 2010, 01:42 PM
    AK lawyer
    Quote:

    Originally Posted by califdadof3 View Post
    ... Most states that allow for abortion do not include fathers rights. Since it is allowed in Australia ...

    A reasonable deduction, reinforced by this quote from the article you linked: "There is no law anywhere in Australia that requires the notification or consent of a woman's partner."
  • Oct 11, 2010, 07:40 PM
    lostaussiedad
    Comment on AK lawyer's post
    Thank you for your help, I have been talking with DOCS (Child Services) and have lodged official concerns over the environment in which the baby is going to be born and given history of past events that have occurred. I also have AVOs on the members.

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