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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38286
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, My partner has two sons from a previous relationship.

Resolved Question:

Hi,
My partner has two sons from a previous relationship. They are aged 15 and 12.
He pays child support every month, more then he should, as it's a private arrangement. He has never missed a payment in the 10 years they have been separated.
The mother of the two boys refuses to let my partner see them or for them to visit him, even though they miss him and want to see him. This is an ongoing problem. She refuses contact when she is in a mood with my partner about whatever!!
My question is, can she legally refuse to let the boys have contact with their father? She also stopped them from speaking to him on the phone for a month as punishment for not tidying their bedrooms?
What can we do to stop this?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

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?

Customer: replied 1 year ago.
No, he doesn't unfortunately!
She is a very manipulative woman, he did tell her that he would seek legal advice if she kept this up, only to receive a phone call from his eldest son, stating that if he took his mum to court, he will have nothing to do with him.
We are in a catch 22 situation.
She is demanding $10,000 , because he sold the house recently ( at a loss) that she signed over to him years ago.
She is saying that he will not see the children until he pays her $10,000.
Expert:  Leon replied 1 year ago.
Good Evening

Has he been having regular contact before all this or has this been happening since they split?

Dod they have a property split when she signed over the house to him and did he pay her when she signed it over?
Customer: replied 1 year ago.
Hi,

This has been happening since they split. She moved with her boyfriend and the children 5,000 kms away, making it very difficult to have regular contact, but he would pay to fly the boys or drive to see them when he could.
They had a legal document that they both signed stating that he would get 91% of everything and she would get 9%.
So, she took the $60,000 car and all the furniture and he got the house and a mortgage.
This was her choice, as she wanted the boys to have a home to inherit later on!!
He didnt pay her anything.
The $10,000 payment isn't really the big issue. As if its not that, she will find some other reason why he is not seeing them.
Expert:  Leon replied 1 year ago.
Good Evening

This document was it made into court orders? Were they married and have they been divorced?

He is going to have to take her to court if she refuses to allow the children to spend time with him.

How long have they been separated?
Customer: replied 1 year ago.
The document was never made into court orders.
They were never married.

They have been separated for 9 years, she has since married and had another child.

Is taking her to court the only answer, as this will turn his eldest son against him. He is not yet mature enough to realise that his father is doing this because he wants to see him.

Would we be able to get a lawyer to send her a letter stating that she cannot legally stop her children from having contact with their father?
That may be enough to make her pull her head in, so to speak.
Would a lawyer be able to do that?
Expert:  Leon replied 1 year ago.
Good Evening

On the issue of her demand for the money she cannot do anything and he should ignore it.

He can try going to mediation with her first, this is what the process is.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

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.

Customer: replied 1 year ago.
Thank you, XXXXX XXXXX in Western Australia.
Expert:  Leon replied 1 year ago.
Good Evening

Contact the law society of WA and they will give you a referral to Solicitors that practice in Family law.

Their website is as follows:

http://www.lawsocietywa.asn.au

Is there anything else I can assist you with?
Customer: replied 1 year ago.
That is all thank you, XXXXX XXXXX been a great help!
Expert:  Leon replied 1 year ago.
Good Evening

I am happy to have been of assistance.

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.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38286
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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