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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5620
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have two daughters one is in my custody from her mother

Customer Question

Hi, I have two daughters one is in my custody from her mother and the other is younger and both lived with me and my partner.. However our relationship has deteriorated and my partner has taken them while I was at work to her family in Perth.. I live in NSW.. I have contacted her and she will only bring them back if I go there and bring all of them back and resume the relationship which is dysfunctional.. She has put my eldest in her name with Centrelink along with our other daughter.. I need advice and to know what s the best thing to do.. Has she committed a crime by taking off with them without my consent? Do I have any rights? my name is ***** ***** I would appreciate some legal advice.. Thankyou
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Sadly she has not undertaken any criminal act.
You have rights.
How old is the child?

Customer: replied 1 year ago.
My oldest is 12 and youngest 7
Expert:  Daniel replied 1 year ago.

The 7 year old has a right to see you.
in respect of the matter, keep all evidence that she is using the child to get you back. Which is completely counter productive and contrary to the best interest of the child if the relationship is toxic.
Speak with her, have her relocate to where you once resided. If she does not, file in the family court and have her returned.
Here is the form:

Customer: replied 1 year ago.
Thank you so much
Expert:  Daniel replied 1 year ago.

All the best,

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