Hi there, my son's mother has just removed him from one school to another without my consent! His mother has not even discussed this with the school or sought any input from me. Do i have a case within the legal system to have him returned to the first school?
What have you tried so far?: I have not done anything yet as it has only just occured
Do i have a case within the legal system to have him returned to the first school? Yes. Under the Family Law Act, both parents are entitled to have meaningful input on these kinds of decisions affecting their child. As such, if she is not allowing this then you are entitled to a mandatory mediation with a family dispute resolution practitioner.You should call 1800 050 321 to set up the mediation right away. If she does not attend the mediation then you will be given a certificate allowing you to apply to the Court for orders that return the child to the other school (and her non-attendance would look very bad for her in the judges opinion).Obviously you would need a lawyer to assist you with this, but if she is being unreasonable - and continues to be unreasonable - then you will simply have no choice.Depending on where in Australia you reside, I can recommend a good solicitor to you who could assist you with this. But give the mediation a chance first. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
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