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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I'm a single dad in need of advise I have court on

Customer Question

Hi I'm a single dad in need of advise I have court on Monday And dnt know what to do or say it is about my boy who went for a holiday to his grandmas and now she won't give him back and no one seems to want to help me know he only thing I was told to do was apply for court it hasn't even gone to dcp or mediation just straight to court what do I do
Submitted: 4 months ago.
Category: Australia Law
Expert:  Patrick H. replied 4 months ago.

When you say you are going to court, what for? Who made the application to the court? When was the application filed with the court? What is the court being asked to decide, and what is being alleged?

Customer: replied 4 months ago.

I dnt exactly know my mother and I had an argument on the phone and told me that I should come a nd pick him up so I drove all the way there and there was no one there so I went to the police and they said I had made death threats and that I had to apply for a recovery order and that was rejected by the judge so I was told the only thing I can do is apply for court so I did the application was filed on the 6th of May I was still sole parent and guardian why couldn't I put out an Amber alert

Expert:  Patrick H. replied 4 months ago.

You need to engage a lawyer to assess your case in detail and to represent you. If there are allegations against you that you made death threats and the court was not persuaded you were entitled to a recovery order, your case needs to be handled carefully as it appears there are serious allegations against you which you need to address before you will be able to convince the court to allow you to resume access.

The courts treat the interests of the child as paramount and that usually means the court will support access being granted to both parents, and it is only where there is evidence before the court that a parent poses a danger to the child in some way that access is likely to be withheld by the courts, which appears to be what has happened in this case.

If the allegations against you are false then likely you will be able to convince the court that access/custody should be resumed but given you have already sought a recovery order unsuccessfully, you need to get a lawyer to assist you and urgently.

If you cannot afford a lawyer you could apply for legal aid but there is no certainty that such will be granted:

Each state has its own legal aid service, so you need to look up legal aid in your state and contact them to see if you are eligible.

I trust the above assists your understanding.

Good luck and please rate my answer.


Customer: replied 4 months ago.

I have applied for legal aid but hav not yet been approved and I have court first thing Monday is there anything else I can do like is there someone at the courts I can talk to first thing in the morning or anything at all I have to drive 800ks to get there

Expert:  Patrick H. replied 4 months ago.

Many courts have a duty solicitor at the court who can talk to unrepresented parties and offer some assistance, but they cannot represent you and the assistance they can offer is limited.

If you were the sole parent and gaurdian the court should be particularly reluctant to keep the child away from you, but the fact you were not able to obtain a recovery order suggests either the case against you is compelling or that you somehow failed to explain your situation to the court adequately, or provide relevant evidence to support your position. Either way I strongly urge you to get representation.

If this is your first occasion before the court since your application it is likely just a preliminary hearing to ascertain where the parties are at. You would need to inform the court that you are waiting on the outcome of an application for legal aid, but in the meantime you could consider writing a statement as to your role in caring for your child and the history of that, and why the child should be returned to your custody/care or that at the very least you should be granted regular access on an interim basis (i.e. that you should get custody/access immediately until such time as the court is ready to have a final hearing).

Without a detailed understanding of the events that led to the court refusing to grant the custody order, I cannot comment on your prospects of obtaining access/custody, but it cannot hurt you to ask at this point, and it may assist the court in understanding your situation better.

I trust the above assists.

Good luck and please rate my answer.


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