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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44898
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon my partner has spoken to you previously regarding my

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hi leon my partner has spoken to you previously regarding my wife not complying with family court orders. My son has been begging for me to allow him to reside with me now rather than his mother he is 14 years old and I have promised him I would find out what I can do and what I so he can live with me . and what would happen if he turns up and wont go home he is 15 in January and mature for his age.

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.

Good Afternoon

At*****will listen to his wishes.

You should go through the motions of mediation and then court if you are going to go down that path.

Here is the las as it stands

Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule.

The Family Court now looks at a number of factors in deciding with which parent a child shall live.

There is a presumption that it is in the interests of a child to spend as much time as possible with both parents. That is called a “rebuttable presumption” in that it is a starting point, but many factors are considered before the Court will make such an Order.

The wishes of the child are important. Equally important are the reasons for the Child stating those wishes, and also considerations such as the Child’s age, maturity and level of understanding. There is little point asking a 4 year old, no matter how bright the parents may think the child is. At the other end of the scale, the Court generally looks dimly on a Parent who demands a 16 year old be told by the Court with whom they shall live.

There is no magical age. The 8 year old should normally be asked, however the Court is not bound by what they say. It is a factor to be weighed-up. A 14-15 year old will normally have their wishes granted, so long as they are expressed to be for the appropriate reasons.

One case allowed 2 children (8 and 10 years old - sister & brother) to decide that they wanted to stop living with one parent and start living with the other because the other parent provided proper accommodation, took them to school, put shoes on their feet, and fed them as one would expect to feed children that age. Very basic needs which were not being met adequately by the first parent. At the other end of the scale, a 16 year old child with a significant mental impairment will be asked, however if the Court is not convinced that their wishes are actually in their best interests, other factors will take priority.

The Court specifically looks at the attitude of each parent towards the task of parenting, whether the parents are able to provide adequately for the child and whether a parent will actively promote the relationship between the Child and the other parent. The Court prefers not to separate Children where possible. Violence, drug and alcohol abuse are also considered.

If you just dont give him back she will take you to court for a contravention and she is making you the bad guy.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

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Regards
Leon

Customer: replied 2 months ago.
leonCurrently she is in breach of the court orders as she has been stopping the children seeing me and my some is extremely unhappy with this due to her just wanting more money through childsupport. since there is an order and she is in breach what would be the best course of action for me to apply for my son to live with me in which I am more happy for him to visit with his mother whenever he likes no terms

Good Afternoon

In that case you can file a contravention application with the court and seek to vary the current orders and seek that he live with you.

Leon and other Australia Law Specialists are ready to help you