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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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Im asking on behalf of my brother, he has just resently as

Customer Question

Im asking on behalf of my brother, he has just resently as of today had a fall out with his partner they have 4month old baby, an my question is if his partner has left an he is the one who has baby in his posession can she just come into the house an take baby away from him? He does not want to give up his right to the baby to his mother?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Northern territory darwin
JA: Has anything been filed or reported?
Customer: Nope but i did today ring the police about there altercation at home an that my mum had the baby away from them arguing, she has now left the house an my brother now has the baby, i had to ring the police to say its been sorted as she had left already. After i had gotten off the phone to the police
JA: Anything else you want the lawyer to know before I connect you?
Customer: No i just need some advice for my brother to sew what he can do to not get baby taken off him an given to the mother
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 4 months ago.

Good Afternoon

Your brother has the child?

Customer: replied 4 months ago.
he does, the baby is 4months old, an my brother is 23.
Expert:  Leon replied 4 months ago.

Ok the law recognises the child and the childs rights to spend time with both parents.

As he has the child if he does not want her to have the child he does not have to give the child to her.

If it is over he should seek mediation and try and resolve the question of where the child lives.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

This is the only way he can get some orders and if he has the child