How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5789
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

My partner moved out two weeks ago after a very emotional

Customer Question

My partner moved out two weeks ago after a very emotional 3-way confrontation lasting a few days. Our only child (girl aged 13) chose to go with him and he will only let me communicate with her using his phone. Can he control all communication like this? I am very worried about this as he has grave mental issues that have had him receiving a disability pension for the last several years. He has now decided he has aspergers syndrome.
JA: Does the disability limit any major life activities?
Customer: Only making rational decisions, getting a job, getting out of bed and a dependency on prescription drugs. All of which have stopped in the last three weeks after lasting over 12 years.
JA: Family law varies by state. What state are you in?
Customer: Queensland
JA: Anything else you want the lawyer to know before I connect you?
Customer: Lot's of things. I want to see my daughter. I love her so much.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Daniel replied 2 months ago.

Hello
Here is the issue.... she is 13, a court will not make an order to have her return, see you, speak with you and the like at all sadly.
Even if they wanted to, you will be stuck in court for months if not a year till you get a hearing date.
Even if orders were made, she is 13, it is hard to file contravention orders when she is that age, she will do what she so wishes.
I wish I could give better news.

I would suggest seeking a parental agreement through relationships Australia, but again, the agreement is unenforceable.

Children that age change their mind anyway. There is so much caselaw and reports that show that children move back to the other parent in these situations in time. I would not be too concerned in that respect.

I do accept this is not info you want to read, but it is correct sadly.

I wish to assist you.

Please click accept / rate my service with the stars provided. I am able to answer further questions after doing so at no further cost to you.

Expert:  Daniel replied 2 months ago.

I wish to assist you.

Please click accept / rate my service with the stars provided. I am able to answer further questions after doing so at no further cost to you.

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.

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.