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my wife has custody of my children i only see them every fortnight.

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She has left the children...
my wife has custody of my children i only see them every fortnight. She has left the children in the care of her parents who are old and have health issues while she has gone on her honeymoon for 6 weeks. when i had the children last weekend they told me they didnt want to go and wanted to stay with me. What can i do to get care of my children while there mother is away?
Submitted: 8 years ago.Category: Australia Law
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6/16/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
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Satisfied Customers: 14,361
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[QUOTE] What can i do to get care of my children while there mother is away? [/QUOTE]
Are there any court orders in place?
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Customer reply replied 8 years ago

yes there is i get to see my children for 1 night each fortnight until the 12th July when we go back to court for the official trial. The mother will not be attending as she wont be here in Australia even thou she has been told to keep the dates free.

there was no court order put into place about my ex-wife leaving the care of the children while on her honeymoon in her parents care

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
In that case, unfortunately the safest thing you can do is leave the kids in the grandparent's care.

If you go and take the kids, and don't let them return, then you run the risk that the mother will bring a contravention application in the Court to try and get you punished.

That said, I think the risk of that happening is pretty low - especially if she is not even in the country, so as long as you are willing to wear that risk - then you can take the kids and keep them until the mother returns.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
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Customer reply replied 8 years ago
What about if they dont continue with the court order that is in process now. They already stand over the kids when im on the phone with them and they have been told not to do so. Im concerned that if i dont take them from them i wont see the children until their mother returns
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
As stated, in this case I think it would be worth the risk to simply take the kids until the mother returns to Australia.
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