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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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my daughter and her husband are separating. Can he stop her

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my daughter and her husband are separating. Can he stop her from bringing the children to grandparents for xmas.
Good Afternoon

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

How far are the grandparents from the father?

Are the grandchildren going to be taken to another state?

Customer: replied 3 years ago.

we are the grandparents we are in Noosa qld. My daughter and her husband are in Sydney.

Good Afternoon Rob,

If he wants to be nasty he can file an application with the courts and request that she not be permitted to take the children to QLD.

He can seek orders that the children spend time with him over the christmas period and it would make it difficult for you her to bring them to you.

It is not an easy matter to resolve.

Is she prepared to try and reach an agreement with him about the children? It is always best to have an agreement.

How long does she want to bring them up for? What does she intend to do about the children spending time with their father over this period.

The usual orders are that christmas day is split. One parent has the children form christmas eve to 3 pm Christmas day and the other then has the children from 3 pm Christmas day till evening on boxing day.

What is she planning to do?

If he does take her to court, the court will not permit her to bring them up for Christmas and will say she can bring them up later.

If he does nothing then she can take them but he can file an application fro them to be returned and it will not look favourably on her.

Customer: replied 3 years ago.

there is no legal agreement as they are not legally separated yet ,only a verbal one that they would stay for xmas morning and then fly to noosa.The tickets to Noosa have already been bought. Can he physically stop her bringing the children. What would a police response be if they were called. Thanks

Good Afternoon

If he physically tries to stop her then she will have to call the police.

If he is now threatening to stop her she is best to take the matter and get court orders for christmas. If they have agreed that the children be with him on Christmas day till X time then she should get orders.

If she has court orders the police will enforce them if not they will say it is a domestic matter and not get involved.

She should speak to a family law solicitor and get this sorted because if she leaves it till it is too late he can delay enough that she will miss the flight and then the children will not be seeing you.

She should contact the law society of NSW and get a referral.

Their website is as follows:

Is there anything else I can assist you with?

Leon and other Australia Law Specialists are ready to help you