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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.
Are you asking if she can take him away without your consent?
Do you have court orders for the child?
This is not worth the paper it is written on.
Are you both prepared to enter into consent orders?
She has to make a decision of what she wants to do and then take it from there. She cannot take it to court or ask the father until she is sure about what she wants to do.
If she is not sure she will not get any court to agree.
If there are no orders they can take him. But you can apply to have him bough back.
If you fear they are going to take him then file an urgent application for him to stay and get appropriate orders that are in the childs best interests.
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You file an application in the family court and seek orders for his return. You serve her and the court expects her to appear and if she does not they will order his return and the police will help get him back.
Here is some information.
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If you wish to have the child you need to apply for custody
If you dos without orders, they can seek orders against you.
But if you wish to stop her having contact you have to get orders
You can, but they have a right to go to court and claim that you are refusing the child to spend time with them alone.
To protect yourself you should file an urgent application and seek interim orders that they cannot take him away.
Without court orders that is correct.
You have nothing to enforce.
You need to protect him and based on what you have told me you need orders to ensure that the best is done for him.
Without orders you cannot stop them doing anything.
The same goes for you. If you choose to take him away to another state they cannot stop you without court orders.
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