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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi - Our daughter, her boyfriend and his young son were involved

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Hi - Our daughter, her boyfriend and his young son were involved in a car accident on the weekend. A driver failed to give way to their car, and turned into their pathway, causing the collision. Thankfully there were no serious injuries. The other driver is being charged by the police due to his failings, and our daughters boyfriend has been cleared of any wrong doing or fault.

Despite the above, our daughters boyfriends former partner, and mother of his son (she has main custody of his son, he has visitation and access at weekends - by mutual agreement) has now stated that she will not allow him to drive his son as she believes he was at fault and is a danger to his son. Is she entitled to demand/threaten this and is it legally enforcable?

Thanks for any advice
Good Morning,

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.

Her response is understandable as a concerned mother, but unwarranted as it was not the fault of the child's father, and I would assume that the child was properly restraint at the time.

If she refuses to give him any contact with the child, he has a right to file an application for a recovery order through the court or alternatively, as they do not have court orders he will need to go to mediation and if that fails to court.

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


She cannot just simply take the child away and refuse the child time with his father.


The agreement they have between themselves though it is not enforceable and the police will not get involved.


The legal position is if she refuses to allow the contact to continue then the recovery order is the quickest option for him to start seeing his son again.


The following link is generally for solicitors and what to consider when making such applications that will assist you to know what the court will consider in these applications.


http://lacextra.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/152.pdf

Is there anything else I can assist you with?

 

Customer: replied 3 years ago.

Thanks, XXXXX XXXXX was properly restrained in the rear of the vehicle in a car seat.


 


We just wanted to know the process required to prevent this from happening should this be needed. We are hoping that it wont come to the above, and when the situation calms down, it will all be sorted amicably.


 


Appreciate your help and advice, and the links provided.

Good Morning,

She does not have a case, and if the matter was to get caught the court would not grant the orders that the child is not to see the father, or been a motor vehicle with the father.

The most amicable way to do it is to go to mediation, reach an agreement, and then have the agreement registered with the family Court as consent orders which are enforceable.

I wish them the best of luck and if there is anything else I can assist them with please let me know.

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 and other Australia Law Specialists are ready to help you

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