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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44375
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My name is ***** ***** Fletcher, I am after some family law

Customer Question

Customer: Hi my name is ***** ***** Fletcher, I am after some family law advice. I am in Perth, Australia
JA: Thanks. Can you give me any more details about your issue?
Customer: I have been separated for 12 months, divorce hearing was yesterday, and went through. I have a 6yo daughter and 9yo son, we have interim custody orders, I get overnight custody 2 nights per week. My ex is claiming that I have threatened her and will not reveal the childrens address. There is absolutely no truth to this, no history of domestic violence, no AVO etc. I want to know if I should send some kind of cease and desist letter
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Australia Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes OK
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

Has she lodged a complaint with the police or any court?

Customer: replied 1 year ago.
No
Expert:  Leon replied 1 year ago.

Ok

HAs she raised these issues with the court or just to you?

Customer: replied 1 year ago.
She has mentioned the issue in documents submitted to court, including the divorce application where she did not disclose her address.
Expert:  Leon replied 1 year ago.

Good Afternoon

What do the interim orders for the children say?

I assume they have not been amended?

You may have to consider putting on a contravention application.

Customer: replied 1 year ago.
The interim orders just specify custody details, in specific I get custody each alternate weekend and each other week wednesday afternoon to friday morning. There is also a section that says the parties will not denigrate each other in the presence of the children.
Customer: replied 1 year ago.
The orders have not been ammended
Expert:  Leon replied 1 year ago.

What about pick up and drop off?

Customer: replied 1 year ago.
My ex drops off and picks up the children from my residence, this is specified in the order. She doesnt get out of her car, or speak to me.
Expert:  Leon replied 1 year ago.

Good Morning

Does the order state that you are to know where the children are living when with their mother?

If not then there is no breach of the orders.

Expert:  Leon replied 1 year ago.

Good Afternoon

Are you still in need of assistance?