no father on birth cert. Centrelink wont pay until someone is on there help

hi not sure if this is the right place. Mods please feel free to move. Ok so i have a question. My brothers girlfriend has just had a lil boy and for legal reasons he cannot go on the birth cert or be named in anyway. Another thread has all the reasons why. But centrelink are not going to pay her a cent until she tells them who the father is. She has told them she has no idea who it is and they kept saying to her that even someone drunk would know at least a first name. She was luckily with her mum but was in tears from the drilling. Does anyone know if they can refuse payment if the girl doesnt know who the father is? Briggsys girl i hope you see this and can help xx B

I wouldn't think so - in rape cases you wouldn't know the fathers name, KWIM?

Hey!

Im not 100% sure how but my sister had a little boy 16 months ago and she doesnt have the fathers name on his birth certificate and she still gets her full PPS. She did have to have an appointment with a social worker but i dont know if she had to do anything else.
i will ask her and get back to you!

I hope BG comes in first!!!

Good luck

Im sure BG will be in to explain but I think that she will need to have a meeting with them to "prove" she doesn't know who he is. So she will need to be confident in her denials of who he is otherwise they can refuse payments until she gives an honest answer.

I sort of know the background why - but I don't think the guy shouldn't be listed. I would get legal advice on that one first. Have you already done that? Aren't DHS already aware of the situation? If they know, they would be the ones to report it to the police anyway.

It's a crappy thing to have "father unknown' on the birth certificate. It's embarrassing and humiliating later in life. I know this because I've seen a few working a Clink.

They will pay her money - only at the base rate of the FTB A. She will still get Parenting Payment no worries.

ask for an appointment with a social worker. explain the situation. from the perspective of c'link (and the government in general) the father has to be named as, accepting father unknown means it is negating the fathers responsibility to pay child support. it's only accepted in situations where it is truly unknown (like in rape cases - though some women will lie and say unknown one night stand to get out of naming a father)

given the fact that DHS are involved, my guess is that he is going to be named at some point anyway - so it's definitely something that needs to go through social workers.

if there is a concern re statutory rape charges, you'd need to contact legal aide about what happens if he is named.

with regards to the consultant that gave them a hard time about paternity - tell them to put in a complaint. it's not a consultants job to make someone "confess" - if paternity is "unknown" it is to be referred to a social worker. someone was on a power trip due to the age of the mother - it's a crock - it should be referred immediately

I do think a certain amount of pressure is warranted. It IS a rare case that they truly don't know - and to deny the name when you DO know (no matter what the situation) is not on.

They do it for lots of reasons - lots of times because a friend did it and then goes and tells everyone else how they lied about it. OR they may be being threatened by the father that doesn't want to pay CS OR they are told by 'well meaning' friends that lying about it is fine.
You can't change paternity for personal convenience.

I have to fullheartedly agree wiht Lulu. Having father unknown is a terrible thing to see on a birth cerficate.
eg
one of my besties eldest and her boyfriend spanked the monkey, split and found out later that she was pg. She knew who it was but still put father un known on DS' birth certificate. Then her and boyfriend patched things up and ended up getting married.....having 2 more children with fathers name on all certificates. Friends eldest son discovered his birth certificate and was an emotional wreak cause he thought his dad wasnt his dad and that he didnt love him. HE then had to 'adopted' his own son.

It might not be easier now as you put it...but why not but up with the crap now when there are no children envolved rather then hurt their souls later in life.

thanks so much everyone and bg. Just to make it clear my brother and his girlfriend both want him on the birth cert. Just worried that the police can press charges without the parents request. It is a very horrible situation but they are both in it together and want to be a family. The law just wont let them. Bg i will def speak to legal aide today and get sil to put in a complaint about the worker. She has already seen the social worker who has said its ok if she doesnt know who the dad is. It is hurting her so much by not putting my brother on there cause they truley do love each other. Thanks again so so much xx

You really need to find out the exact legalities of the Stat Rape laws here in WA. Im not sure if they are dramarically different from vic or not.
From my personal experience with them, which was 10 years ago now, Statutory Rape charges can ONLY be brought by the parents of the minor child involved.

I will have a chat to a friend of mine today and get back to you about this.

Clarify the law - I don't think there is anything stopping them. Don't make these decisions on assumptions ok? Put him on the birth cert - nothing is stopping them doing that either.

Thanks so much Limeslice I really appreciate it.

Lulu - We will def find out the facts first. :) We thought that you could just change the Birth Cert in 2 years time when she is 16. We didnt know about all the rigmoral about adopting and things.
I just hope it all works out for them and that my brother will not go to jail.

Bee - the birth certificate is a legal document designed to be very difficult to change and to record all the particulars required for identifying someone through out their life.
It is never as simple as "oh we will just change it" - that would defeat the purpose of the document in the first place.
I understand your fears, but be aware that this one document will follow this child and indeed your family long after you are dead and gone...It is a document intended to still identify this person long after their own death and establish family connections etc.

It is unusual for a statutory rape offender i these circumstances to actually go to jail. He will be registered as a sex offender though - that would be my main concern. They don't discriminate about that. (If the parents press charges)
Like I said though, I will find out some details for you and get back to you.

I think they should go to Legal Aid. It looks like trying to avoid one problem may create a bigger one.

• If your brother is not on the birth certificates, he has no legal rights to the child
• They are currently lying to a government department. If someone dobbed them in (I imagine friends and family know), then they can be charged with breaking the law.
• A child deserves to know who his legal parent are. As pp have said, denying paternity can have nasty consequences.
• The basic fact is he has already broken the law by having sex with a child. There's a reason for the age of consent. If they get legal advice, fess up now, he can cop the consequences and then they can get on with their lives.
• Harsh as this sounds, but I'd like to know that the parents of a child are taking financial responsibility for them, rather than expecting the tax payer to foot the bill. By avoiding having his name on the cert, he can get away with avoiding his financial responsibility, which the rest of us then pick up.

I realise it's stressful and you don't want your brother to get into trouble. But he's a father and an adult. He needs to man up and face the consequences. Lying to one authority to avoid getting into trouble with another authority is child-like behaviour. He's just going to have to grow up so he can be an example to his child.

Hey LS,
I agree with you 100% and that is why he wants to be on the birth cert. He is my brothers lil boy and he is perfect.
We all want to be a part of his life.
I am petrified he will go to jail because he would not last a minute. He has the mentality of a 15 year old.
He has gone out and got a job so he can support his GF (He is not allowed to see her anymore only the baby) and his lil boy.
He is doing the right thing. Bought her everything she needs, ie capsule so her mum can drive them around, cot, matress, clothes, bottles, nappies, formula you name it he has bought it. He got a loan from my dad so he could make sure she has all she needed.

If you could get back to me from talking to whoever you need to that would be so great.
Thanks again

B

Tash there are alot of underlying circumstances.
Thanks for your input though

:hug: Hopefully this works out for everyone and I would be very proud of your brother providing for his son regardless the circumstances.

B - sorry if I was too harsh

I hope it all works out for them