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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am having issues with my sons dad. We have been seperated

Customer Question

Hi I am having issues with my sons dad.
We have been seperated since 2012 and have until now not had any legal concerns. However, in the last year my son has needed speech therapy for a severe stutter. The therapy suggested by the speech pathologist is a parent led therapy in which we are required to do activites with him to help solve his stutter. At first my ex and I were each doing the therapy with our son when he was with us until recently when the therapist has stopped seeing my son and his dad as he wasn't showing up consistently and not providing the therapy every day. I have changed my life to accomodate him in order to make sure my son gets what he needs and he continually says he will get the training but continually lets my son down. This is a major concern as my son starts school next year and if the therapy is not done properly he will end up with the stutter for good. I have other concerns regarding his safety as I have not only seen with my own eyes my ex drving a car with my son in the front seat unrestrained but he himself has told me he does it and hos dad does it. The house is often in complete disarray and i know my ex and his girlfriend have recently had problems woth substance abuse.
I have told him I want him to go down to weekend visits to ensure he is getting the proper therapy and is being kept safe.
I dont want to be percieved as a vindictive person but I cannot cope anymore worrying about my son and wanted to know if I had any chance of getting custody.
Regards
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.
Good EveningMy 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.I cannot say if you have a chance of getting residency it will depend on the court. Custody is not used any more it is residency. If you have concerns about the substance abuse you should start getting evidence and if you are concerned that your son is not safe when with the father you have to start proceedings immediately with the court to get orders that the father and his girlfriend not have any drugs or alcohol when the child is with them. But you need evidence. In the normal process 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.auIt is not easy but you have to go through this process. I hope this makes sense and is if assistance.