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my son is separated from his wife and 4 children, by her doing,

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
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my son is separated from his wife and 4 children, by her doing, they separated on 13,12,2009, when she ordered him out as god said so. We have only seen the kids at a birthday party in february, we have had a couple of phone talks since, we as with Jasen have much difficulty getting her to answer her phone at all, as of today she has said she will not allow contact or access to the kids until Jasen shows her some respect, sorry but she has lost any respect she ever had. she refused to participate in the formal 6 week mediation process, jasen was sent a certificate. on many occasions jasen has tried to talk to her about their issues, she insists her friends be there each time, making privacy impossible, recently, when jasen tried to talk to her alone, she made a great scene, and later took out an avo, which she later withdrew, however it still had to go before a magistrate, and the report was verty critical of her behavour and said it was a one sided situation, we want acccess too, what

 

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State/Country relating to Question: Australia

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jasen has had solicitors letters sent, often ignored by her and her legal people.today they agreed to end their relationship, but she still holds her vice grip on the kids, you seem to be in the usa, i am in australia i am not sure you will be of use to me, i can review my amount if you can help in australia

Submitted: 1076 days and 15 hours ago.
Category: Australia Law
Value: AU$46
Status: CLOSED

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Expert:  Alex replied 1076 days and 15 hours ago.

This is a pretty straight forward matter. Your son, Jason, has a certificate allowing him to apply to the Family Court of Australia for custody and contact orders. Now all he needs to do is get the ball rolling on this by filing an application for final orders. It would be best for him to have a lawyer assist him.

As contact has been very limited since December 2009, he can also apply for interim orders so he can start seeing the children regularly sooner.

Obviously he is going to need a lawyer to assist with this, but depending on where in Australia he resides I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.Alex40331.3543267361

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12732
Answered: 6/2/2010

Experience: I did my law degree at the University of Queensland

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Customer replied 856 days and 17 hours ago.

Alex,

Jasen did get a solicitor and he did get consent orders from the Rockhampton FEDERAL MAGISTRATES COURT ON 8TH NOVEMBER LAST, BUT SHE SEEMS TO THINK IT ALL APPLIES ONLY TO JASEN AND NOT FOR HER TO ABIDE BY THE ORDERS, AS A RESULT HE DID NOT SEE HIS KIDS FOR XMAS, HE IS NOW SUBMITTING A CONTRAVENTION TO THE BRISBANE COURT NEXT MONDAY, AND THEN WILL PROCEED TO HAVE THE CONSENT ORDER TIGHTENED UP SO SHE MUST COMPLY TO MUCH MORE DETAILLED CONDITIONS, SO THE POLICE CAN THEN HELP JASEN WHEN SHE GOES OFF COURSE.

NEIL

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Expert:  Alex replied 856 days and 4 hours ago.

As the better part of a year has passed since our last communication, you will need to post your question as a new question on the open forum with a fresh deposit, to allow fairness to other experts who may also want to assist you.

 
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