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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 862
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a 14 yr old Son (15 in December) that lives with his

Customer Question

I have a 14 yr old Son (15 in December) that lives with his Mother in Victoria. They have been living there for approx. 8 yrs. She moved there without asking me first (No consent orders drawn). Over time there has been issues raised on her ability of being a good parent. Example being is that she lived in a 1 b/r shack with her boyfriend for 14 mths & my son was living with his Aunty & Uncle (again without my knowledge). Then she took him back & had him sleeping on the lounge, his wardrobe consisted of Cardboard boxes.
His School work slipped dramatically as well as his attitude. Then they all moved into a house a yr or so ago & I thought things were going to improve. But they kept getting worse. He only attends school only sometimes. I have spoken to his yr advisor & she is quite concerned that not only of Brocks' performance at school but the fact that Natalie has not informed me that things were so bad.
I try to ring him weekly. But in the last few days due to his academic struggles, she has lied to me on several occasions with regards XXXXX XXXXX with his school (which they never took place as I have spoken to them about). She avoids all call & messages.
I wish to be granted custody of Brock as I am scared that his life is heading in the wrong direction. I have the support of her Mother & Sister in Melbourne too. He has picked up on her lazy lifestyle. I know it sounds like these are typical Ex Husband remarks, but I have been putting up with this from her for 12 years, & I have had enough! He is an amazing boy. & he deserves better. She is only worried about the money I pay in Child Support (evidence known that she claimed it while he lived with his Aunty & Uncle).
She would never agree to me getting him here with me. Is there any legal way of this happening. His way of life is going down hill. & I feel that from NSW I can't do much except ask for full time custody! Please help?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
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

Do you have any orders from the Court? Does your son wish to come live with you?

Customer: replied 1 year ago.

No there is no court orders drawn. I have asked him a few times in the past, & he has loved the idea. In fact he went home from a holiday with me & asked her if he could come & live with me for a while & her response was "NO! your life is here with me! Not with Him!" & they were exact words quoted by her Sister.

Expert:  Leon replied 1 year ago.
Good Afternoon

You need to have mediation and if that fails then go to court.

I have concerns based on what you have said as it appears you have not had very frequent contact with the child and that it s mainly with phone calls.

Because he is 14 his wishes will be taken into consideration by the court.

But mediation first then court. Because you are in different states it will have to be over the phone or how the mediator arranges it.

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


You should also get more detailed advise form a family law solicitor and have them ready to file an application if required.


The law society of NSW will give you a referral.


Their website is as follows:


http://www.lawsociety.com.au

Is there anything else I can assist you with?


Customer: replied 1 year ago.

You mentioned that my communication with Brock. He spends holidays through the year with me. & I recently took him to America for 3 weeks. & although only weekly ph calls, he would have nothing to tell me if I called more than that. We have a great Father/Son relationship. Natalie has currently cut me off from communicating with over the past 72 hrs!

Expert:  Leon replied 1 year ago.
Good Morning

That is fantastic. This will assist in your application.

A recovery order may also be a possibility if she refuses you the visit on the next occassion.

Is their anything else I can assist you with?
Customer: replied 1 year ago.

Yes. If I know Natalie, & I think I do! I doubt very much she will run with this mediation idea. Wouldn't be easier just to apply for custody in court? & if so, due to her being in Victoria & me in NSW where would all this take place? & not being able to afford legal representation. Will that make it harder on me?

Expert:  Leon replied 1 year ago.
Good Morning

The mediation is a requirement under the act. Without it you cannot take it to court. She has to refuse and then the mediator will issue you with a certificate.

The mediator will possibly suggest a telephone conference.

You do not need solicitors with the mediation.

You may be able to get legal aid for the court matter if it goes that way. They will fund children's matters

Is there anything else I can assist you with?
Customer: replied 1 year ago.

No. But stay in touch! I may need again. But I hope not. I thank you for your help. I hope that it works. I have all the links given I hope that I am successful. I feel bad for Brock. He has no male influence there.

Expert:  Leon replied 1 year ago.
Good Morning

I will be available just send me a question.

You are very welcome and thank you for using my services.

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback

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