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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44624
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am married with a 16 step son, his mother is away overseas

Customer Question

Hi, I am married with a 16 step son, his mother is away overseas currently, I will seperating from prior to her return in 10 days.
Am I legally allowed to send him to the named guardian (on her will) who is based interstate.
I cannot contact his mother to discuss, as she neglected to advise a forwarding number?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy 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 advice but a guide to assist you.The guardian in the will is not appointed until the will is probated and that takes place after the death of the person whose will it is. How old is the child and where is his father?
Customer: replied 1 year ago.
Father left when he was three years old, no idea how to find or contact him, step son is 16 years old
Expert:  Leon replied 1 year ago.
As he is 16 years of age he can choose where to go. Is he happy to go with the guardian?
Customer: replied 1 year ago.
I doubt he will want to go, but I cannot have him stay at our martial house. Can I legally remove him from the house and send him to guardian- guardian is fine to have him.
Expert:  Leon replied 1 year ago.
Good MorningI assume that the house is also owned by his mother? If that is the case you will have a problem. You need to get a court order to have him removed from the house he lives in. The guardian is not his guardian unless the person that made the will passes away. If he wishes to leave on his own then he can go but if he refuses you will have difficulty getting him out.
Expert:  Leon replied 1 year ago.
Good EveningI am just following up my last post. If there is nothing else I can assist you with 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