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

  1. #19
    Registered User

    Dec 2005
    In Bankworld with Barbara
    14,222

    They have 60 days to register his birth, so they have a bit of time up their sleeve to seek the proper legal advice before registering it because it will be much easier in the long run to get it right the first time than to change it later and I think they owe it to their son to do the right thing and not hide it like it is something to be ashamed of. If it takes a little time to get all the legal advice sorted out before they can apply for centrelink money she will still be back paid so she wont lose out, but she will just have to wait for it. I assume that her parents were supporting her up to this point anyway considering her age so surely they can support both of them now just for that litle bit longer till this is all sorted. Plus your brother is making every effort to help too which is great.

    And yes, like Tashybabe said you just can't run the risk of doing it that way and then being dobbed in because the penalities are quite harsh and that's the last thing they need to deal with.

    But most of all just make sure that they know you have their back and will help them sort it out because I can only imagine how she must be feeling to have copped what she did from the staffer at c'link and be told all sorts of things that would make her feel like she's done something really terrible kwim?

  2. #20
    BellyBelly Life Subscriber

    May 2005
    in the national capital
    1,682

    He has the mentality of a 15 year old.
    OK - if this is the case and it has been documented by properly qualified people then it isn't an issue. Even if someone did decide to get involved and press charges then he would probably be found not liable. I would think that the whole not telling anyone would also work to his advantage in this situation - he clearly isn't thinking like an adult.

    I am more concerned about why he isn't allowed to see his GF anymore. Who has put this ban in place and why did they do it?

    Also, seriously, in this day and age not putting his name on the birth certificate will not actually mean to anything and I think it would count against him. All it would take is a DNA test to show paternity and if he is then asked why he wasn't listed as the father and he said it was so he didn't get into trouble then it isn't going to sit well with a judge.

    I wish your whole family the very best

  3. #21
    Registered User

    Aug 2007
    Sydney
    1,691

    I have no advice but I just want to send your family some love, warmth and support as your work through this difficult time.

  4. #22
    Registered User

    Nov 2007
    Where we swim in glitter and play on rainbows
    630

    Thanks muppity,
    The girls father has requested they not see each other. My brother can see his baby just not his girlfriend. I understand this completely as he works up north and has not been home to see if his daughter is ok.
    My brother wants to go on the birth cert but cries himself to sleep every night, walks around like a zombie and cries at the smallest things cause you can see the fear in him. He has constontly been throwing up every day and is a complete mess.

    I have seen his girlfriend and bubs and she is fine (as best as she could be) she is enrolled in the same school her 2 sisters go to ( one is 17 and one is 18 with 2 year olds each). she starts on Monday and cant wait because it is a school for teenage mums, they go to school upstairs then at lunch time come down and have lunch with there babies.
    The same day she gave birth she told me and my dp that that was all she wanted to do, go to school with her baby.

    i feel so sick at the thought that she wanted to be like her sisters, but i cant help but wonder.

    Just needed to get it out sorry.


    Thanks for the hugs Epacris

  5. #23
    Registered User
    Add CrazyLady on Facebook

    Aug 2009
    2,328

    Hopefully this works out for everyone and I would be very proud of your brother providing for his son regardless the circumstances.
    Sounds like his 15 year old mentality has gone up a bit! Hope everything's going well!

  6. #24
    Registered User

    Nov 2007
    Where we swim in glitter and play on rainbows
    630

    Thanks Rhyab and Charlottesmum
    he has realised what his actions have done and is doing everything he possible can.

  7. #25
    Lucy in the sky with diamonds.

    Jan 2005
    Funky Town, Vic
    7,070

    [*]If your brother is not on the birth certificates, he has no legal rights to the child.
    Can you verify this? I'm not sure it's true. If he is the biological father of the child, those rights remain.

    I'd like to clear this up. It's quoted alot and if you get people running about not listing fathers on b/c for their own agendas it does more harm than good.

  8. #26
    BellyBelly Life Subscriber

    May 2005
    in the national capital
    1,682

    Oh Bee - I am just so sorry - this story just keeps getting worse. Everyone wants to be like their big sister at some stage - but really!

    I can only suggest that your bro follows her father's instructions to the letter - but it sounds like he is doing this anyway.

    Hugs to you all.

  9. #27
    Registered User

    Nov 2007
    Where we swim in glitter and play on rainbows
    630

    Thanks muppity, i dont want to think the worst in her but ......................
    I cant help but wonder.
    She is only a baby herself and wouldnt of realised the impact of this baby that they both made.
    It is looking more like a vicious cycle that her family is in. Her mum had her older sister at 14, her sister had her baby at 16, then the next sister had one at 15 and now her at 14.

    My brother will not do anything out of line. he is sticking to what her dad says to the letter.

    Lulu: My brother wants legal rights to the baby and is happy to support him. he is not trying to run away from this in any way. if you get it confirmed ie

    Originally Posted by "tashybabe [*]If your brother is not on the birth certificates, he has no legal rights to the child."

    Can you please let me know.
    We all (My family) want to be a part of this babies life. We love him. My older sister has just had a lil boy 9 weeks ago and I am due in 10 weeks (a boy as well). They will be cousins and should be in each others life.

    It is not fair to punish the innocent child and not let him have the love of his extended family.


    xx
    B

  10. #28
    Registered User

    Dec 2005
    5,951

    Can you verify this? I'm not sure it's true. If he is the biological father of the child, those rights remain.

    I'd like to clear this up. It's quoted alot and if you get people running about not listing fathers on b/c for their own agendas it does more harm than good.
    I agree Lulu. I was of the belief (not knowledge) that providing a paternity test comes back that he is in fact the child's father, then he does have legal rights. I must try and find something about this.

    bee84 - It is certainly an awful mess that your brother and his gf are in. It sounds like though that they are being mature about it, and looking towards the future, which is fantastic! For the gf to enrol into school is wonderful. I really hope she makes something of it, and has the support behind her. It certainly won't be easy, with a baby and studying, but if she can put her mind to it, I'm sure she can do it.
    And your brother does sound like he's doing the right thing, by providing for them. I really hope for your brothers sake that he can see his gf again soon.
    I'm praying that this mess gets cleared up soon for you all.

  11. #29
    Lucy in the sky with diamonds.

    Jan 2005
    Funky Town, Vic
    7,070

    Oh B - I get that loud and clear from your posts xoxoxoxo

    On a separate level I want that statement sorted. that's all

  12. #30
    Registered User

    Nov 2007
    Where we swim in glitter and play on rainbows
    630

    lol Thanks Lulu Just making sure

    Jodi - I agree hopefully this mess is all sorted very soon.

  13. #31
    Registered User

    Mar 2008
    North Northcote
    8,065

    hmmm i find it strange (going back to OP) that centrelink wouldnt pay due to 'father unknown'. this must be a policy change made in the last 12ish years??

    for example, on my birth certificate it has 'father unknown' (and yes, father was 'known' but didnt want to be 'known' legally ITMS) and my mother was able to access full parenting payments.

    I hope that the girl can find some good support and advice in this matter, as well, anyone that has been on the receiving end of centrelink will know, it can be a hard, cruel and delibrately confusing place to navigate, especially as a child (this is what i found in my own experience anyway).

    to you and your family and the girl going through this. you'll all get through it i'm sure xx

  14. #32
    Lucy in the sky with diamonds.

    Jan 2005
    Funky Town, Vic
    7,070

    Parenting payments are fine - it's about the ftb and chasing child support and the actual parents paying not the taxpayers

  15. #33
    Registered User

    Nov 2007
    Where we swim in glitter and play on rainbows
    630

    Thanks so much Cassius2.
    I have just spoken to a legal representative and I feel alot better now, well as much as I can.
    Aparently anyone can make a complaint to the police and the police have to investigate.
    If charges are laid, it can take years for it to go through the courts and jail is not likely due to the circumstances. The lawyer said that it is possible that he will be put on the sex offender registry and that is permanent, however it may not come to that.
    She will get back to me about the birth cert issue and what we should do about that.

    Thanks so much for everyones support, I really appreciate it

    xx
    B

  16. #34
    Registered User

    May 2005
    Canberra
    3,617

    good to see you are getting legal advice. I hope they also mentioned to you that even if you could 'hide' the paternity for a couple of years, he 'could' still be charged with statutory rape later on (even if she is then older then 16, because she was younger then this at the time it occurred).

  17. #35
    Registered User

    Nov 2007
    Where we swim in glitter and play on rainbows
    630

    yep they sure did Misty, Thanks for the heads up though

  18. #36
    Registered User

    Dec 2006
    In my own private paradise
    15,272

    the birth certificate doesn't come into it re paternal rights if it's proven via DNA testing. i've come across more than one case where this has been proven and the fathers have had the same legal rights (and obligations) as one listed. it's simply the fact that the father isn't initially listed.

    it seriously messes with the kids head when it comes out - so do all you can to make sure your bro is listed. no matter what is going to happen re legal side of things, he IS the father, he KNOWS he is the father - and he should be listed on that certificate. not listing him to avoid prosecution isn't smart - it will come out (just look at how many of your friends and family know of this situation)

    she can make a claim for parenting payment and ftb as a single prson - she isnt living in a marriage like relationship with him! she will have to claim chiild support though... make sure your bro keeps rexord of all non-cash support he gives (like the stuff you mentioned) - it can come off his liability. also look at arranging mediation to draw up a parenting plan for his access, if he has more than 14% access it will reduce his cs liability as well as he will have to have somewhere fofr bubba to sleep etc

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