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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43479
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I really need a legal advice now, I have a court to be

Customer Question

Hi, I really need a legal advice now, I have a court to be attended on 13 January. My husband protect my son from our marriage 2 years old boy to go overseas for at least 5 years.
I am an indonesian and he was born on 2013. As far as I know, every child born above 2008 they will have 2 citizenship which is half australian and half indonesian.
Please advise about my right regarding this case and I need some help to accompany me at the court on January 13.
Unfortunately I don't have money to pay solicitor or lawyer to accompany me but my friend suggested me that we still an get some help from you and the government will help for the payment, and I'm hoping that's right.
My current status is now holding a temporary visa (partner visa) and my husband also wanted to get separate life with me. I have my 2 kids (all boys 14 and 12) from my previous marriage in indonesia
Thank you
Kiki
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Me

Good Evening

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.

I cannot accompany you to court, I am sorry to say.

But I suggest you contact the law society of NSW or legal aid for a referral to a solicitor that can assist you.

If the application is for you to be able to take your son to indonesia away form his father you have to show why this is in the childs best interests.

It is the law here in australia that it is the childs rights that have to be looked after not the parents. Thise righta re that they spend time with both parents.

The following link is what is applied by the law and the courts.

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/family-law-matters/family-law-in-australia/parenting-cases-the-best-interests-of-the-child/

You may get legal aid to assist you in your case.

I hope this all 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