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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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As a father what are my son's rights to s 5 yr old daughter.

Customer Question

As a father what are my son's rights to his 5 yr old daughter. His daughter comes to us every 2nd weekend as agreed by both parties. We have an up coming trip overseas this Xmas. My son has asked his Ex-partner if we can take their daughter with us, as my daughter is getting married and the whole family will be attending except his 5yr old daughter. Her answer is a straight out NO! Although my son and his ex have been apart 3 yrs my son has continued to stay in touch with his daughter on a daily basis. He calls her everyday to catchup on the days event and to say goodnight. No amount of talking to the Ex seems to budge her. He also pays maintenance for his daughter. What legal grounds does he have?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi, I assume there has only been a verbal agreement so far... relating to custody, and parenting decisions, and holidays, etc.

Have your son and his ex de facto/wife officially divorced (if applicable), and reached a binding property settlement? If unsure, please say so.. as very specific requirement must be met for a binding agreement to be reached.. and it MUST involve lawyers, and/or the Courts.. and it will not be binding if it is only a verbal or written agreement between the parties themselves.

Here is the prescribed Court reading for property settlements:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/7db1162a-8de7-44f0-8b2c-0fc65b953d3f/BRPREFIN_010309+V3a.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7db1162a-8de7-44f0-8b2c-0fc65b953d3f

Next, if they do not agree wrt custody, parenting decisions... and/or overseas trips..etc. they MUST attempt mediation with a court approved mediator, and obtain a certificate of attempted mediation before they can apply to the Court for custody, and/or parenting orders.

Here is a register of mediators your son can approach to attempt to organise a mediation.

http://www.fdrr.ag.gov.au/Search.aspx

He should also read the following prescribed reading issued by the Court:

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/separation/marriage-families-and-separation

If he needs to take the matter to Court to seek the Court's approval to take his daughter overseas, please let me know and I will point you to the process to follow...

Please accept and rate my response.

Kind regards,

James