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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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I have been given a court date relocation order of my ex and

Customer Question

I have been given a court date for a relocation order of my ex and our son but since the mediation on the 6th of August she has withheld our son from access and only allowed brief random phone calls, the court date is 21st October and she refuses to let me see him, is this going to effect any result? She is attempting to set up a life similar to the life he had here in the mean time and I'm wondering if this will also affect the result?
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
When can I expect a response? I was kinda hoping to get a response sooner
Expert:  Patrick H. replied 2 years ago.

Thank you for your question and sorry for the delay.

So i can assist you further, can you please elaborate on a few issues:

Are there presently court orders or formally agreed arrangements in place which entitle you to regular access until the hearing on October 21?

What happened at the 6 August mediation?

Can you elaborate on the relocation dispute? What were the original arrangements before the relocation, and what after, and how long ago did the relocation occur (if it has already occurred)?

Once you have addressed the above I will try to help you further. Be aware, however, that we are not online all the time, so you may have to wait several hours before we can prepare advice, particularly in a case like this which may require some research to advise upon, and where care needs to be taken to understand your and your children's situation.



Customer: replied 2 years ago.
Thank you Patrick,
There are no court orders in place for access, she consulted a solicitor in May this year and told me to expect a letter for a mediation which didn't happen until until August thus giving her some three months in her new location before any action was taken, she has relocated 2.5 hours or 170kms away and has dictated I could see my son who is almost four from Thursday night to Monday night until which time he begins school and my time be reduced to Friday night to Sunday night!
The mediation on the 6th August was a sham, it was done via shuttle in separate rooms and I was basically given the option to agree with Thursday night to Monday night or the time would well be reduced to one weekend a month!At the time our sone was in my custody and as we had no agreement I withheld him until speaking with my solicitor after the mediation to ensure we had an understanding of access,
My ex came to my home with her father while I was out with our son and they demanded I come outside while entering my yard and screaming my name, on the 7th August my son was snatched from his grandmothers home whilst I was at work
I have not been allowed access since
Expert:  Patrick H. replied 2 years ago.

You need to get yourself a lawyer ASAP to challenge the move.

Based on what you have said it does appear your ex may have been making noises as if she were willing to negotiate, but was really just stalling to give your child more time to settle in the new location. The longer your child has settled in the new location the harder it will be to get a court to order the child's return. Unfair as this may be, the courts first priority is the child's welfare, and once a child is settled in a new location the court will be less willing to upset the child further by ordering a return, even if other factors indicate the move should not be allowed.

Whilst your present delay may be excusable by the court given you were trying to negotiate, any further delay will only prejudice your prospects of having the child return and for this reason you should engage a family lawyer ASAP to explore your options.

Relocation issues aside, unless there is some reason you pose a danger to your child, the courts will support your entitlement to reasonable access to your child, so action is definitely warranted if access is being withheld, and the courts will certainly not look favourably on a parent who snatches a child in the way you describe.

If you need help locating a lawyer contact the Law Society in your state (the Law Institute in Victoria) as they can refer you to suitable lawyers in your area.

I trust the above assists.

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