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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42627
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon i am the father of a son that i hardly ever see and he

Customer Question

Hi Leon i am the father of a son that i hardly ever see and he lives with his Mother in Brisbane. Jaxson is 19 months old and i have seen him for a total of around 4 months since he was born. His mother has made it very hard for me to have any contact with him from the start and for the last 3 months has not let me know where they are living or how my son is going. We do not get along at all and his Mother is a drug addict. I live in Moranbah which is about 10 hours from Brisbane and find it hard at the best of times to get a chance to get to Brisbane to see Jaxson. I believe that Rebecca is going to make it hard for me to see Jaxson always and is only happy to make me pay child support to fuel her drug addiction and make life hard for me. As much as i honestly love my beautiful babt son Jaxson i think a clean break from him before he gets old enough to really know who i am will make life alot easier on everyone. I have asked his mother similar questions to this with no reply as doing this will give her no continuous income for her habit and i refuse to pay money to her for a child that she wont make it aesy for me to see or have for holidays or even know his health or where he is living. Any help would be much appreciated. Stewart McNamara.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You cannot refuse to pay child support if you do not see your son. The law does not make the child support subject to you seeing him.

If you have nothing to do with your son you still have to pay child support. It is unfair I know but that is the way the law sets it out.

You have to get orders form the court so you can see him during holidays and also have regular phone contact or skype contract.

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 Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

This is what you have to do.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 1 year ago.

Good Evening

I am just following up my last post. Are you still in need of assistance?

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