Hi there. From the information you provided, it sounds like your ex has been the parent responsible for looking after your son. You are currently in the middle of court proceedings to obtain parenting orders that give you visitation rights or some other shared custody arrangement with your ex. Now, you believe your ex wants to “sign over his rights”. If we have misunderstood your situation, you can submit a comment below giving us more information.

Your ex may no longer want sole parental responsibility for your son or he may want reduced parenting responsibilities. The law says that parents can make any parenting arrangement they want, as long as it is in the best interests of the child. You can try to negotiate an informal parenting arrangement with your ex that is in your son’s best interests and also suits you and your ex. These arrangements can be formalised by obtaining consent orders from a court.

If you are not able to reach a parenting agreement, you will need to obtain parenting orders from a court. If you already have legal proceedings underway with respect to parenting arrangements for your son, you (or your ex) will need to tell the court that your ex no longer wants parental responsibility. The court needs to have an accurate understanding of what each parent wants and is willing to do.

In making a parenting order, the court must consider the benefit of your son having a meaningful relationship with both parents and the need to protect him from physical and psychological harm. There are many other factors a court may take into account such as each parent’s personal circumstances and attitude to the responsibilities of being a parent. Even if you believe your ex wants reduced or no parental responsibility for your son, a court will not make a parenting order that intentionally puts your son in danger or is otherwise not in your son’s best interests.