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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44151
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Last year i separated from my son's father. We were in a de

Customer Question

Hello
Last year i separated from my son's father . We were in a de facto relationship. My son is fifteen and after finding out that his father is going to get married in march this year to a girl from overseas. His father didn't tell him anything about seeing this person . He didn't even tell him that she was coming to stay for three months . He was just going to tell him when my son was due to stay at his place . So my son decided not to go to his dad's house ( there is no court orders stating that we have shared custody). His father has said that he has packed up my son's belongings that he had at his dad's house . I'm just wondering about my son's passport as his father has it . And his father is thinking of living in the Philippines when he gets married. My son turn sixteen this year . Do i have a right to keep my son's passport in my possession for my son
Thankyou
Sandra
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 5 months ago.

Good Evening.

You have a right to get the passport and if he wont release it you can get a court order.

If the father no longer wants the child to spend time with him there is no reason for the passport to be in his possession.

Are you planning on going anywhere?

Customer: replied 5 months ago.
No not at this time . I was bit worried that he would take my son overseas and nit bring him back . But my son doesn't want to go anyway.
Expert:  Leon replied 5 months ago.

If you are afraid of that have your son placed on the airport watch list.

Here is the AFP website on doing this

https://www.afp.gov.au/what-we-do/crime-types/family-law-kit

Once on the list he will not be allowed to leave the country.

This way you can avoid having to get the passport and arguments.

I hope this makes sense and is of assistance. if there is nothing further Happy New Year and

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If I have missed anything, or you have any further questions please let me know

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Regards

Leon