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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42645
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My daughter has a 4 year old daughter. The child's

Customer Question

My daughter has a 4 year old daughter. The child's father refused to sign the birth certificate but did eventually sign a stat dec declaring that he is the child's father and hence pays child support.
He is in the military and lived interstate for the first 3 1/2 years of the child's life. He was very abusive to my daughter during their relationship and that abuse has continued verbally and in text messages since their seperation.
My daughter has always tried to encourage this man to have a relationship with the child with supervised visits and skype calls but his interest was spasmodic at best and when he did visit the child he was more interested in groping my daughter than spending time with his child
He moved to the same state (South Australia) approximately 6 months ago and things have deteriorated dramatically. He is making threats, refusing to see his child because I now supervise the visits to keep my daughter safe from him and he doesn't call the child on his 2 nights/week because the child will not speak to him. She just hangs up the phone. There are no parenting orders or any legal paperwork at all. He is threatening to take my daughter to court over visitation and custody. They have both been interveiwed by relationships Australia and have been deemed inappropriate for mediation. This occurred December last year. My daughter hasn't heard anything since. My question is would it be better for my daughter to instigate the court proceedings or should she just wait and see if her ex partner does.
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months 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 advice but a guide to assist you.

Going to court is a long and stressful thing.

If at the moment she can keep things as they are she should do nothing.

The longer the child is with her the greater the chance the court will leave things as they are. If he is threatening and abusive she should keep details and when court is started then have the dates and what was said as part of her evidence.

She is best to do nothing if things are ok.

If he is coming to the house and making threats to her she should take out an AVO

But generally she should do nothing.

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

Customer: replied 9 months ago.
Thank you ber much Leon. This is what we were thinking. My daughter is concerned that if there is no legal custody that he can just snatch the child?
Expert:  Leon replied 9 months ago.

Good Morning

He can snatch the child even with orders and she will have to go back to court.

If she fears for her safety and the childs and she gets threats she can take out an AVO and if he breaches that it is a criminal offence and the police will get involved.
In family matters they will not get involved.