Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
She cannot refuse to allow the children to see their father and the parents are not the ones with the rights here, it is the children who have the right to spend time with both parents and know them both.
Does your partner have orders from the court about the children?
You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is
You can find your closest one on there.
The web-site also have alot of useful information and links to assist you.
Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.
If you need to go to court then you will need to file an application in the Family Court or the Federal Magistrates Court
http://www.familycourt.gov.au and http://www.fmc.gov.au
I suspect the older son may be repeating what mum is telling him to say.
He should try the mediation first. The mediator will contact her to have her attend. Because of the distance it may have to be over the phone.
A solicitor would write to her and advise her of what the law is and make the request that the children have contact with their father.
Your partner can also speak with child support and stop what he pays and get re-assessed and pay what he has to. This may also be a bargaining point for him.
What state of Australia are you in and I can give you the law society website to get a referral to a solicitor.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
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