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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44196
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My daughter and her defacto have a 5 1/2yr old girl and not

Customer Question

My daughter and her defacto have a 5 1/2yr old girl and not been together for more than 2yrs.the child has always lived with My daughter and her dad has her every 2nd weekend. Neither has legal custody. Just over a week ago he refused to give her back and now he wants custody. She has just started kindy this yr and has settled in to school and is doing well. Since taking her he wont allow her mother or me any access to her not even allowing us to speak to her on the fone. She has never been away from her mother for more than 3 nights has been that long without spending time with me as we have a very close bond and i have been a big part of her life since her birth. I believe its in the childs best interest to b returned to her mother untill the court makes a decision and that it is also in her best interest to continue attending the same school as she is already settled there and loves it. Changing her school now would b distruptive and unfair but as he lives over 40mins away if he keeps her she will have to change schools. I dont think he should hav the right to keep her from any contact with everyone and everything she has known all her life. How can we get her back and can my daughter apply for a recovery order and intrem custody untill this gets sorted out. And is there any way she can get him to allow her to see her daughter or at least speak to her on the fone. Im concerned about her emotional well being.. without contact she must feel like we have abandoned her. We also dont no what he is telling her. Both my daughter and i have tryed to reason with him and get him to talk and try to work this out for Taylors sake but he wont. There must b something we can do??
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.If he is refusing to give the child back your daughter has to commence proceedings in the Family Court for a recovery order. The court will look at the history being the status quo and order the child be returned. She has no choice but to go to Court and in the orders she would seek orders that the child olive with her and the father sees her on weekends as before. The court will look at what has been happening and is reluctant to change the status quo. It is not going to be a simple or cheap exercise but this is your daughters only option if he refuses to return the child. Here is some information. hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon