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I have just recently separated from my partner and we have

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I have just recently separated...

I have just recently separated from my partner and we have a 3 year old daughter. I have been the primary carer for her and she is at day care 3 days a week while I work. My ex partner runs his own business full time. He is now telling me I can only have her 3 nights a week and making a lot of threats that if I fight him he will make my life so hard. I have moved to my sisters house as I have no money as he is and has been the main bread winner for the 10 years we have been together. I don't know what to do as all I care about is my daughter.


We live in Perth WA

Submitted: 4 years ago.Category: Australia Law
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Answered in 37 minutes by:
6/18/2013
Solicitor: Leon, Solicitor replied 4 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,449
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Good Afternoon,

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.

I am always surprised and amused when I see that parents were not the primary carer of the children make threats that they will take the child away and reduce the time that the primary carer has with the child.

Firstly no court would make such an order and change the child's living conditions and circumstances unless it is of the opinion that the child is in danger and it needs to have a change in circumstances.

Secondly what the parents want is irrelevant as the court considers what is in the best interests of that child. If the child has been spending all this time with her mother and the father hardly sees the child, because of his choice, the court will not make any major changes to these arrangements.

I can only assume that you do not have orders of the court and that whatever time the child spends with her father is simply by agreement.

If he wishes to do anything they will need to go through mediation 1st and if that fails then take the matter to 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


The above is the processes that need to be followed before it can take the matter to court.


If you are unemployed and do not have any money you are eligible for legal aid and if this method does go to court legal aid will represent you.


I would not concern myself with his threats.


If you feel threatened for your safety and a child safety you have the option of taking out an intervention order through the police.


Would you like me to provide you with a link to the legal aid Western Australia so you can get more information?

 

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