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Answered in 7 hours by:
12/11/2008
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 7,684
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
VerifiedHello
Circumstances like this are most frustrating to say the least, especially considering that you and your son do not see her all that much at all.
Your son does have rights, however so does his ex girl friend. In such matters where parties cannot come to a conculsion, a Court may need to be involved and make a decision which would be more costly than a ticket from Newcastle im afraid.
In the end, it is matter for your son and his ex partner to come to some arangement and conclusion, as going to court is not a cheap option. In any event, courts usually push parties to negotiate in any event regardless.
Hello
Both parties have rights, but it all comes down to negotiation.
If she does not want to negotiate then it becomes very difficult indeed.
Mediation can occur with the parties should both parties wish to do so however it seems that she is resisting.
Usually if both parties fail to come to a resolution, court intervention may be the only further option for him. As i have said, this is a far more costly option than to just bite the bullet and purchase the tickets.
Unfortunatly courts will take a dismissive view of the situation as it may not be seen as a 'big issue' in relation to the child.
How does she have 100% rights over the child? He is still the father. Should no orders be in place to spend time with the father, then i would strongly suggest that orders be agreed and drafted up asap.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 7,684
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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