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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My partners ex is threatening with not letting him see his

Customer Question

my partners ex is threatening with not letting him see his kids
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: nsw
JA: Have you talked to a lawyer yet?
Customer: not yet, we are supposed to pick up the kids tonight for dinner at per court rder but she has texted him saying not to bother they wont be home they are staying at a friends
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Anything else you think the lawyer should know?
Customer: sydney
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months 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 but a guide to assist you.

Do you have any orders?

Customer: replied 11 months ago.
Expert:  Leon replied 11 months ago.

Good Afternoon

If you have orders and they set out when you spend time with your children and the partner breaches then you take out an immediate application for the breach.

You attend to collect the children and let the police know to be on stand by if she is not going to let you take them.

If they are not home, if you know where they are you can attend at that hose and collect them.

Customer: replied 11 months ago.
the police don't get involved in family law court orders, last time this happened my partner said he had court orders and the police said you'll have to just go home, its making the situation bad. they asked him to go home even thought they were the court orders. they said there is nothing that they can do to go through family court.
Expert:  Leon replied 11 months ago.

Good Afternoon

You still have to report it to them.

My understanding is if there is going to be a dispute they will attend.

The orders make it clear that the children are yours at that time.

Have you kept details and do you have it in writing when you are denied the contact?

Customer: replied 11 months ago.
my partner has all the messages where she bullies and abuses him, calling him a pathetic human being and a bad father, where she uses the kids to get to him by not letting him see the kids.
Expert:  Leon replied 11 months ago.

The refusal to allow the children to see him? Does he have them?

Customer: replied 11 months ago.
we only have them every second weekend and every second Thursday for dinner, which is supposed to be tonight.
Expert:  Leon replied 11 months ago.

Good Afternoon

I understand that. She is bracing the orders.

Does your partner have emails and texts where the clearly show that she is refusing to hand them over and confirms the breaches or just the abusive ones?