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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 861
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Hi , my Daughter never lived anywhere but Syd, with a recent

Customer Question

Hi , my Daughter never lived anywhere but Syd, with a recent parterner She moved to Melb as his Emploment in Sydney had finnished and the company ask him to return to Melb,
They were expecting a Baby so she made the discission in the best interest of her new family to give it a go it has been 6mnths, It has not worked out she feels isolated a prisoner in there home which they lease, She has nobody there in Melb to look to for support , he has all his family both his parents are Lawyers one specializing in Family Law,he is becoming unbearable & scary .We have tex messages to support, My daughter want's to move back to Syd with her Son The womens Legal aid in Melb could not help said she has to stay in melb, only 50% chance of re location order being goven,If she left Her partener could appply for a recovery order requesting her to imeadiatly return to Melb , She is concern seems unfair with no one to talk to or give advise , In the best interest of her new baby ,I said just leave & let the court system try and ordered her or force her back , she just cries knowing it is not a good enviroment for her child to be in.Kind Regards:
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,

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.

It is a very difficult situation, and if she does leave with the child without the father's consent, he can obtain a recovery order where the court will request that the child be returned to Melbourne.

The court cannot request that she returns to Melbourne as the order only applies to the child.

How old is the child?

Is there a possibility she may be suffering post natal depression and is anything being done to assist her?

Is there a possibility that you may be able to go down and spend some time with her and also arrange for her to speak to a solicitor in Melbourne?

Is she currently employed?

Customer: replied 1 year ago.
1, Thank you, any direction would be apriciated as i do not belive after just 5 mths in Melb never moved before did it for her partener she is doomed to stay there unwillingly for ever,this threat has effected there relationship, and the enviroment is not good for there new baby .
2/ Correct, but what if she said no way the Baby stays with me in Sydney as the Mother & breastfeeding as well what could the aurthorites do.
3/ Correct, but she is the sole full time mother breast feeding as well, Partener has full time employment.
4/ 5 MTHS
5/ She has sort medical support in writing , she is a strong & fit Mother ,Athelic.
6/ She spoke to Womens legal services who advised her only of exactly what you stated ,but added 50 % chance of only winning re location order & added Baby must be near to both parents , so lttle thought for the well being & safty of his Mother .
7/ Gave up full time employement to have a Baby ,Educated 3 Universities , will return to work place when timing is right, at the moment her devotion is to her Baby boy , all her family are based in Sydney,She recently had a Job offer when she is ever ready to return to the work place, Kind Regards:
Expert:  Leon replied 1 year ago.
Good Afternoon,

1. It has nothing to do with how long your daughter has been in Melbourne. When it comes to children's matters, the law is not concerned about the mother or the father. The court and the law are concerned about the child and the child having access and contact to both parents.

So when the court looks at these matters, when a parent wishes to leave and go to another jurisdiction they are concerned about what contact the child will have with the other parent who is left behind.

It is understandable your daughter is in distress never having lived anywhere else but Sydney, but the issue the court needs to determine is what is in the best interests of that child.

2. If the court makes an order that the child be returned immediately to Melbourne, then the authorities in New South Wales will be directed to take the child and return the child to Melbourne. If the child is breastfeeding, depending on how quickly the order is made, it may be that the child will have to be changed to bottle feeding.

I cannot save it will happen but it is a possibility. You should not assume because the child is breastfeeding that the court will not make the order.

If your daughter is also suffering from depression this will be used against her in the application.

3. This will go against the father as he cannot care for the child full-time but the mother can.

4. The child is very young but in order for her to ensure that the child is not directed to come back to Melbourne she would have to propose a plan whereas the child gets older regular contact and time with his father takes place.

5. If she is undergoing medical treatment for any post label depression then she should also continue that the New South Wales when she moves up.

6. If she applies for a relocation order I believe it will be much harder on her because she has to remain in Melbourne whilst That application was heard. As I mentioned earlier it is the consideration of the child spending time with both parents that is the primary objective of the family law.

7. If she's prepared to fight him, then my suggestion would be exactly what you told her to do. She should pack up and bring her child to Sydney and leave him to decide whether he wishes to take her to court.

She must be prepared to then fight him on his application and she may be entitled to legal aid because she is not employed.

I would not suggest that she make an application in Melbourne to relocate to New South Wales because it will be a much harder fight.

The court is more reluctant to make relocation orders than any other.

The following link is what the court says about relocation orders.

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children's+Matters/Relocation+and+travel/

Is there anything else I can assist you with?
Customer: replied 1 year ago.
1/ Correct i believe,though but hard to imagine they would not consider the best interest of the child would be to be with his Mother ,
2/ Para 1 Talk about stolen generation
2/ Para 2 what would/could they do to enforce a breast feeding Happy Child & Mother to return unwillingly.
2/ Para 3,No side effects depresssion or otherwise tough cookie ,
5/ No medical treatment often thought of eventing one that may go in her favour.Very capable Adult.
6 / Agree , having her family available ,would be in the best interest of the child, allowing for frequent access for both Father & Mother,Who knows he may even decided to return to Sydney, Option!!!
Either way the relationship is finnished beyond repair now for many reasons some in writing,
7 / Off record , What would you do !!!
Expert:  Leon replied 1 year ago.
1. There have been many decisions where it's been found that the children are better with their father. They may be in the minority but there are decisions that go that way.

2. I'm not saying it will happen but I cannot discount and say that it will not. Everything is a possibility.Your daughter should be aware of these issues.

5. This is in her favour she is able to look after her child in a child is not in any danger.

6. I understand the relationship is finished, but whether they like it or not they will continue to have a relationship as the parents of this child.

Your daughter and her ex-husband are going to have to accept they will need to be part of each other's lives because of this child.

7. As I said, I would be moving to Sydney without telling him and allowing him to make the application. I would not be remaining in Melbourne and putting on an application to move.

At the same time I would be speaking to a family law solicitor and becoming prepared for his application.

It is not a simple matter and it is always best that they try and work it out, but in this case it appears this will not happen as he has already started to discuss recovery orders.

Is there anything else I can assist you with?


Customer: replied 1 year ago.
Good afternoon, i thank you for your responce which has been very detailed in advice & outcomes much apriciated .I have been away for 2 days ,since our last corresponance on advice my Daughter has tried to engage a Lawyer in Sydney but there advise(in her best interest) was to proceed with lodging a re- location order back in Melb. But as mentioned pre-liminary advice received from Melb Lawyer was she would have a better chance of succeeding if proceedings commenced in Sydney . This is still her /our view,Although a little complexed we understand the best outcome for her child would be to continue on this path,therefore we are trying to find a Sydney Lawyer whom,
A )Be willing to take on & believe in the case presented ie agree/suports that relocation orders to benefit the child should be lodge in Sydney .
B )A lawyer who Specialises in Family Law Court Matters who has a track record of passion for success in the past .
C ) Having knowledge of family law are you able to recommend a Firm or lawyer for my Daughter to get in contact with in Sydney for further discussions & advice . Her base will be Georges Hall 2198 ( Bankstown Inner West ). Many Thanks
Expert:  Leon replied 1 year ago.
Good Afternoon,

If she leaves and comes to Sydney unless she can show that there are circumstances of violence duress etc then the court may give her the order.

She can file in sydney but has to show the reasons why she had to leave. If he has been restricting her freedom etc which makes her feel like a prisoner you have to show all this. Show the isolation that she is feeling.

The law society of NSW will give you referrals to family law solicitors that are accredited specialists.

The law society website is as follows:

http://www.lawsociety.com.au

The greater her evidence is about how she has been kept prisoner by him the better.

The courts do not like parents taking the decision unilaterally and leaving without the consent of the father. But if there are legitimate reasons then they will listen.

I cannot give you names of solicitors, But the law society will provide you with referrals.

Is there anything else I can assist you with?

Expert:  Leon replied 1 year ago.
Good Evening

Just a followup.

I have not heard further from you. Is there anything else I can assist you with? Has this been of assistance?

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