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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5710
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My son is three years old. He lives with me full time. I relocated

Customer Question

My son is three years old. He lives with me full time. I relocated myself and my child to city as he has Autism and needs speech therapy. I now live four hours away from my childs father. I did not inform him of my intentions to move - my Mother told him.
He is asking about visitation rights. I loathe this man and dont believe he should be given any rights. He is unemployed, lazy and has never seemed to show any interest in our child while we lived in same town.
He says he intends to go through Family Dispute Resolution to gain visitation rights. Is there anything I can do to stop this man froming seeing my son?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
Hello
He is unemployed, lazy and has never seemed to show any interest in our child while we lived in same town.
------- if this is the only issues you have with the father, at its highest, then I would strongly suggest that it would not stop him from seeing the child.
Agreed, he has not been supportive of the child till now, but that will not stop a court from allowing access.
With an autistic child, and living there for a time, it is in the best interests of the child clearly to stay with you and be able to access doctors and the like in the city. A court will not rule against that.
However under the family law act, it is in the best interest of the child to spend meaningful time with both parents.
He will get visitation rights. I suggest it would be non overnight contact for a few hours a week with a move for it to be overnight, perhaps alternate weekends and half school holidays once the child goes to school.
I wish I could say otherwise, but that will happen. In order for overnight contact, he will need to prove that he has suitable accommodation for the child of course, but it is something the courts will push.
Please click accept.
Customer: replied 2 years ago.
If he is to get visitation rights of just a few hours a week who will have to do the travelling? Will he have to come to the city or will I be required to drive my child out to his home?
Expert:  Daniel replied 2 years ago.
Hello
Generally it is to be shared 50/50.
Usually the court will find a half way point, perhaps a McDonalds or the like roughly halfway between you and to meet there. McDonalds is preferred as there is food, CCTV footage and a place for the child to play.
Please click accept.
Expert:  Daniel replied 2 years ago.
Hello Is there any further assistance i can be off? If not, please click accept. :)
Customer: replied 2 years ago.
Yes you can answer another question for me.....Do I have to attend this Family Dispute Resolution? If I do not attend what happens then?
Expert:  Daniel replied 2 years ago.
HelloI suggest you do so.If you do not attend he will get a certificate saying you didnt attend and then he can file in court to get orders to see the child. Attend, discuss, the mediator will give recommendations. Please click accept.
Customer: replied 2 years ago.
Filing an order through the courts can take years...yes? Will he be able to see my son while waiting for these orders to got through?
Expert:  Daniel replied 2 years ago.
It takes about 2 years, but he will get interim urgent orders to see the child. So yes, he will see the son sadly.
Customer: replied 2 years ago.
And these interim urgent orders are enforcable?
Expert:  Daniel replied 2 years ago.
Yes, they are court orders. I strongly suggest being pro active about this. He will get orders to see the child. All you can do is flag the issues you have and propose a progressive arrangement. Having short contact periods initially with a view of overnight contact in a year or so on alternate weekends, if he has a place for the child to stay, as he will get this. Please click accept.
Expert:  Daniel replied 2 years ago.
Hello Is there any further assistance i can be off? If not, please click accept. :)
Expert:  Daniel replied 2 years ago.
Hello Is there any further assistance i can be off? If not, please click accept. :)