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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My partners ex who is the mother of his 11 month old son has

Customer Question

My partners ex who is the mother of his 11 month old son has told him to end our current relationship or she will move away with his son and never see him again. Im wondering what he can do as he cant afford to take it to court. Does she have any right to do this?
I have never met her. Im not abusive in anyway. And never spoken a single word to her.
Submitted: 4 years ago.
Category: Australia Law
Expert:  Leon replied 4 years ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.


No she does not have a right to do this and if she does he will have no choice but to file an application for a recovery order.

Does he have orders for the child?
Customer: replied 4 years ago.

Thanks you for the response.


No he does not have any orders. What orders does he need? And how does he go about getting them?

Expert:  Leon replied 4 years ago.
Good Evening

If he fears she will leave he will need to get an order that she cannot leave. If she does then the police can chase her.

In the mean time he also need to get some orders on how often he spends time with his son.

He needs to go to mediation first. If he reaches an agreement then he should get at approved as consent orders with the court.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Magistrates Court

http://www.familycourt.gov.au and http://www.fmc.gov.au


Is there anything else I can assist you with?