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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44848
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My partner has a child with an ex partner. Unfortunately his

Customer Question

My partner has a child with an ex partner. Unfortunately his ex is quite horrible and will not allow him to see or speak to his son, he has not seen his son since december 2015 and spoken to him since February 2016. The child is nearly 7 and they do not have any court orders in place. The reason for her not allowing my partner to see his son is purely her own personal issues as my partner is a wonderful father as proven by us having a little boy together and he wants nothing more than to be a father to his son and for him to meet his little brother.
We are in the process of writing up our own affidavit as to keep the costs low however we are looking to gain evidence in records such a police reports. I have 3 event numbers but require others for evidence. I also think by my partners explanation that his ex had made a false claim to the police that then caused my partner to be investigated by the police. We're worried his character and credibility are being tarnished by her accusations. We are quite stuck with the affidavit and wish only to have some advice or help to ensure a successful court hearing in the family law court to gain some custody of his son. Thankyou so much and i hope to hear from you soon. I can be emailed personally on***@******.***.
Kind Regards
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 I am very limited on what I can tell you and that you may have to get more detailed advice.

Have they undergone mediation?

Are you making an application for a recovery order or just for contact?

Is there any application currently before the court?

Customer: replied 11 months ago.
Hi Leon
My partner has attempted mediation however his ex refused to go. He has received the certificate for court.
We are attempting to write up an affidavit for shared custody. My partner has attempted to call everyday with no answer (she has blocked his number) as well as visit his sons school when the bell rang just to see him. His ex then made my partner out to be a terrible person grabbing her son and dragging hin to the principal in front of all the parents stating fear or concern.
There is currently no application before the court we wish to be the first to submit. She keeps claiming that if we take her to court she will have her barrister from Sydney slaughter him in court and in turn have no contact with his son. She also stated that she has a witness statement from their son. Is that even possible? I didnt think it was. What can we put in the affidavit to ensure he gains custody of his son? At this stage he is only requesting the reasonable every second weekend custody. My partner is from new zealand and is 6ft 4. He is a very gentle persona with a big heart especially for his kids. The last time he was in court the judge discriminated against his cultural background stating along the line that all kiwis are violent. This is far from the truth for my partner. This is something he always now has a concern for always beibg discrimated against and will cause the court to not rule fairly.
Also will his ex get in a lot of trouble for not allowing him any contact and blocking him from his sons life??
Cheers Renee
Customer: replied 11 months ago.
Oh sorry to add she attmepts any chance to place an avo out on my partner whenever she can.
Expert:  Leon replied 11 months ago.

Good Afternoon

Then he can go straight to court and start the process with the certificate.

You have to file the application and the orders you would seek are both interim and final. The interim orders would be immediate contact and how often you want it.

Final orders would be what you want to be the ongoing contact and residency of the child.

The affidavit would show how he has a good relationship with the children and what role he plays own their life.

How she has cut off contact etc.

The court will not look positively on her refusing to allow the children to see the father. He should set out how often he calls and if he has phone records to show the calls he should attach them.

He should not harass her but simply proceed too court.

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

thank you for using my services.

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