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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44637
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I my son has been living with me full time for last 6 months

Customer Question

Hi i my son has been living with me full time for last 6 months my ex girlfried walked out on us can she just take my son back he is nearly 2 years old
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning.

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?

Customer: replied 12 months ago.
Yer need to no if she can take him away an we dont have court orders but we did own aggrement on paper an both of us sighned it
Expert:  Leon replied 12 months ago.

Good Morning.

This is not worth the paper it is written on.

Are you both prepared to enter into consent orders?

Customer: replied 12 months ago.
No she is un clear in what she wants she is moving in 3 months an cant have him till after she moves anyway but i am worried her mother is geting her to move to them to get our son can they just take him an not ruturn him
Expert:  Leon replied 12 months ago.

Good Morning.

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.

Customer: replied 12 months ago.
Hi sorry i am the father an just want to know if them can just take him an not bring him back
Expert:  Leon replied 12 months ago.

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.

I hope this makes sense and is of assistance. If there is nothing further

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.

Regards

Leon

Customer: replied 12 months ago.
What an how do i do that they also live 3 1/2 hours away its not just down the road if they take him he will be relocated an i wont get to see him much he has always lived with me
Expert:  Leon replied 12 months ago.

Good Afternoon

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.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/international/recovery-orders

I hope this makes sense and is of assistance If there is nothing further

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.

Regards

Leon

Customer: replied 12 months ago.
Should i only let her or her family see him if i am their to prevent this from happening her mother is anacholic an lost her lisence for drink driving an i dont want him in the car if she has been drinking she has only just got it back i dont really want his staying with her mother because last time her mother an partner were fighting around him an her mother was walking around the house drunk with him an when i asked my sons mother to get her to let him go to bed because it was late an she was drunk she said to me its ok its only for a week let her do it
Expert:  Leon replied 12 months ago.

Good Afternoon

If you wish to have the child you need to apply for custody

Customer: replied 12 months ago.
Ok but in mean time can i stop them from seeing him without me their
Expert:  Leon replied 12 months ago.

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

Customer: replied 12 months ago.
No i am asking can i let them see him at my place or theirs but not leave them alone with him so they cant take off with him till i get orders i am not trying to stop any on from having contact just want to stop them from dissapering with him till i can get the orders
Expert:  Leon replied 12 months ago.

Good Evening

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.

Customer: replied 12 months ago.
u are bacikley saying they can walk in an out of his life when ever they feel it i cant stop them from tak8ng him but they can take him am stop me from seeing him how is that fair i have done every thing for him while the mother has done nothing but give birth an some how she has more rights what happens when they get him an dont care for him agen i just give up my life a gen an agen while she does nothing
Expert:  Leon replied 12 months ago.

Good Evening

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.

Expert:  Leon replied 11 months ago.

Good Morning.

Please do not forget to rate my work and if there is nothing further

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.

Regards

Leon