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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5045
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I'm just wondering I live here in Newcastle New South Wales

Customer Question

Hi I'm just wondering I live here in Newcastle New South Wales my wife has took my three children to Queensland about this time last year is it too late for me to do anything to get them back in New South Wales one is nine 10 / 13 and the orders is 17 with the younger boys with you older my girls we are buying a house of together mortgage is still 120,000 I don't want to get rid of it as because it's been in my family for 48 years now but she wants to sell since she has left she has not paid a payment or lean rights I hardly get to see my three younger children that hurts me like hell about 2 1/2 months ago now my youngest boy joy came down with the other two on school holidays and he didn't not want to go back so he stayed as we agreed when we knew we were splitting up whatever makes 30 is happy then will be happy and that's how I've always have been but about four weeks ago when I wasn't here she come and grab him and took him back I went off my head I got on the phone and abuser and yes I said some very nice the words very nasty is anyone as a parent would know it hurt me like hell now she has got a DVO against me and the kids so I can't go near them I go to court on the fourth next month in Queensland it has been a dream of months so what do I do there would it be best for me to get my lawyer up that way I would like to be heard all at once I want you to force to get whatever trusty best Cassie I can of my kids and do whatever I can to keep this house because I wanted to stay with me and my part of the family where it should be I just want to get a divorce get custody or whatever that's close custody of my kids and do you want ever to get this house I just want to get on with life I can say she is a very nasty piece of work she just wants is it to go her way and that's how she's always been I am not the perfect man perfect father but one thing I know I would die for my children and I know I love them that much I would die for them I am on my disability pension so I don't know how it works I heard I get it for free legal aid and I heard since we are paying off a house that's not the case so there's just a little bit can you please give me some answers I need to know soon as possible I want you this on track I just want it all over I just want to spend some time with my kids thank you glen
Submitted: 11 months ago.
Category: Australia Law
Expert:  Daniel replied 11 months ago.

Hello
It has been a year, so they are setlted there now.
I would suggest it would be franklly impossible to have them come back and live here.
As you are the father, you do have rights to see them of course.
I would suggest having to spend time with them on the school holidays for block periods of time and the like.
Perhaps have the school holiday breaks they can come to Newcastle.
As you own property, I would suggest legal aid may not assist, but contact them directly and see if they can assist.

Before it goes to court, you need to try mediation. It can be arranged here:

http://www.relationships.org.au/

Expert:  Daniel replied 11 months ago.

If that does not work, you can seek an order in the family court with this form:
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-initiating-application

Expert:  Daniel replied 11 months ago.

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Expert:  Daniel replied 11 months ago.

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