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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5052
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Just trying to find some information friend of mine, s ex

Customer Question

Hi there, just trying to find some information for a friend of mine,
His ex wife has recently passed, but they have two children together, but problem is her family is refusing to let him have his kids, What are his rights, and how will he or I should say what will he have to do to have them kids??!@
Submitted: 11 months ago.
Category: Australia Law
Expert:  Daniel replied 11 months ago.

Hello
He is at liberty to go there and pick up the kids.
Unless there is a court order giving her family parental rights, they are his kids.
They are actin in an illegal manner.
If they become difficult, then he can go to the family court, seeking an order for the kids to be returned and have them subject to a family law costs order (ie have them pay his legal bill if successful)
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.

The above link is an application to court.
Secondly, if he just speaks to a police officer and have them attend they premises to have the children removed, they MAY assist, however they are sadly not obliged to do so.

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I am a solicitor here in Sydney and undertake family law matters in practice.