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Answered in 12 minutes by:
2/21/2012
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
because there are no parental orders in place, he is at liberty to have the child live with him.
However, because your daughter is the primary care giver, it is contrary to what the child is used to and not in the child's best interests.
I would contact the law society of Victoria and have them refer you to a solicitor who specializes in family law and can do so at a cheaper rate, or have a private solicitor who will represent your daughter with a grant from legal aid.
She needs to seek a recovery order to have the child returned.
More info:
http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children's+Matters/Recovery+orders/
Move quickly, the more the child stays with him the better chance he has to have 50/50.
If you do not want 50/50 care, then you will need to specify why it is not in the best interest of the child to do so. I know it sounds horrible, but the reasons you have said above will not move a magistrate in court at all, as the law says it is in the best interest of the child to have meaningful contact with both parents.
She will need to argue points in relation to his personality, any issue with him relating to drugs, alcohol, anger management, domestic violence, and any issue with his parental skills, as well as what you have mentioned collectively to have any chance of moving away from the 50/50.
Please also be advised that should it be seen that your daughter is not being forthcoming or reasonable her legal aid funding (if a lawyer gets a grant for her) will stop, so to his funding if he is being unreasonable.
As a rough estimation, a contested hearing for this will cost $15,000. This is without Counsel.
Please accept.
because there are no parental orders in place, he is at liberty to have the child live with him.
However, because your daughter is the primary care giver, it is contrary to what the child is used to and not in the child's best interests.
I would contact the law society of Victoria and have them refer you to a solicitor who specializes in family law and can do so at a cheaper rate, or have a private solicitor who will represent your daughter with a grant from legal aid.
She needs to seek a recovery order to have the child returned.
More info:
http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children's+Matters/Recovery+orders/
Move quickly, the more the child stays with him the better chance he has to have 50/50.
If you do not want 50/50 care, then you will need to specify why it is not in the best interest of the child to do so. I know it sounds horrible, but the reasons you have said above will not move a magistrate in court at all, as the law says it is in the best interest of the child to have meaningful contact with both parents.
She will need to argue points in relation to his personality, any issue with him relating to drugs, alcohol, anger management, domestic violence, and any issue with his parental skills, as well as what you have mentioned collectively to have any chance of moving away from the 50/50.
Please also be advised that should it be seen that your daughter is not being forthcoming or reasonable her legal aid funding (if a lawyer gets a grant for her) will stop, so to his funding if he is being unreasonable.
As a rough estimation, a contested hearing for this will cost $15,000. This is without Counsel.
Please accept.
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
VerifiedDaniel and 87 other Australia Law Specialists are ready to help you
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