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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5779
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My son has shared parenting with his daughters mother but

Customer Question

My son has shared parenting with his daughters mother but the child predominately lives with the mother. Chelsea is 11 and badly wants to live with her father, what would the legal ramifications be if she spent the weekend with my son and she refused to go home to her mother?
JA: Family law varies by state. What state are you in?
Customer: NSW. There have been numerous reports to DOCS apparently since Chelsea was 3 and I myself have made some in the past months due to what I believe is a lack of care
JA: Have you talked to a lawyer yet?
Customer: My son did have a lawyer but the costs were blowing out and the mother had legal aid so he couldn't continue but want to do things by the law
JA: Anything else you want the lawyer to know before I connect you?
Customer: There are two children involved as the mother has since had another child to another man and they are no longer together. I do have fears for my granddaughters well being and also for the 2 year old as I believe mother is using drugs when children are not in her care but generally not caring for them as a mother should.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Daniel replied 2 months ago.

Hello
How long ago where the orders made?
If there were some time ago, then it would not be that much of an issue with the daughter deciding to live with dad.
Secondly, if there is some issue with respect of drugs, not caring for the daughter, then there is more of an argument to have her live with dad.
Above all, a court is not going to make an order contrary to what the daughter wants at this point, if at all, being 11.
Another issue, she is 11, she may well change her mind within months in any event!

In short, look she is able to reside with the father should she wish to do so.

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Expert:  Daniel replied 2 months ago.

Hello
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I want to assist you.

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Customer: replied 2 months ago.
Thank you, ***** ***** the late response but I was not at my computer overnight.
The orders were made around 12 months ago but at the time Chelsea had only just turned 10 and even though she had her own solicitor I believe that she was hindered by her mother in what she told them and the mother is a very convincing story teller for want of a better phrase.
I appreciate your comments as the last thing my son wants to do is to break the law especially where his daughter is concerned. At this stage I expect that we just continue down the path and hope that DOCS may even step in and take control as that would be much easier on my son if the decision was made by others as the mother is a very nasty person at times.
Expert:  Daniel replied 2 months ago.

Hello
Ok, well the orders are still 'fresh'
Issue is, surely the issues raised were present 12 months ago?!
It may well be an issue.
I would strongly recommend seeing what options are available.

Customer: replied 2 months ago.
All issues were raised many times over the past few years but for whatever reason the mother appeared to come out smelling of roses. The mother has disregarded the orders on several occasions in respect to, she was told not to change schools but on the day before she was to return to school this year Matthew received a text message from the mother 'telling' him that she was changing schools the next day - Matthew was so upset but she had just made that decision without any consultation at all. Other things she does is continually change pick up and drop off times to suit her but when Matthew requests any minor changes with plenty of notice she flats out refuses with the only person getting hurt is Chelsea as she doesn't get to see her dad. The mother also refuses to let Chelsea call her dad
Expert:  Daniel replied 2 months ago.

Hello

Well I understand that the unilateral decisions, but is there any issue with the change of school at all?
I accept its upsetting, but your son needs to be more proactive and assertive.

If she has breached the orders, hold her accountable. Not in a negative sense, but to adhere and upkeep the relationship with the child and to have joint parental.

Like in many matters like this, unless the father flags any issue, most of the decisions are made my the mother generally. If he was upset as to the school, then he could have objected.

I know I am sounding brutal and not to considerate, and I accept the mother is awful, but he does to need to be assertive in the circumstances.

Customer: replied 2 months ago.
I appreciate your comments and don't think that you are being brutal at all but he is assertive with her and did express his objections about the change of school but the mother just does as she pleases and then berates Matthew to Chelsea, calling him all the names under the sun and then refusing to take his calls when he tries to call his daughter. The court orders were that she was not to leave the school as she has been uprooted before it took months for her to settle back into the school she attends. Matthew contacted the courts to advise them but as she had legal aide solicitors no one would assist. Every time she breaks and order he has to go back to a solicitor which then costs him money that he cannot afford and that could be better spent on his daughter, so it appears to be a no win situation. Is there some advice that you can give in relation to advising my son who to go to in the court system to make note of the breaches so that when he does take his daughter all t's have been crossed and all i's dotted?
Expert:  Daniel replied 2 months ago.

Well look, there appears to be some 'chopping and changing' with the orders, especially if it did that that there is not be no change of school.

I would suggest that your son perhaps seeks mediation, or in the alternate, files a contravention order, at least to have her sit up and take notice to adhere to the orders.

OR, bide time. She is 11, by the time she is a teenage, into her early teens, a court will not be too keen to make any orders.

I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

I have not received a response?
I wish to help you in this situation.