Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I'm after some family law quick advice, can you help me??

Customer Question
I'm after some family...

I'm after some family law quick advice, can you help me??

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My ex partner has an alcohol problem, my kids are 3 and 2

Submitted: 11 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
9/9/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 11 months ago

Good Evening

What would you like to know?

Ask Your Own Australia Law Question
Customer reply replied 11 months ago
Hey I'm Gaynor
Basically I would like to know where I stand with my 2 young children and there father??
He has an alcohol problem and doesn't see or have the kids unsupervised. His last supervised visit he got drunk and my children very unhappy!!
He's supposed to see them on Tuesdays and Thursdays at my house but failing to attend also! His problem is affecting my children
I just need some help, can I stop him seeing them??
Customer reply replied 11 months ago
I've done nothing but help him see the kids since we seperated, but he's not sticking to any arrrangements anymore, and it's getting beyond a joke!!
He comes one at and then don't see him for 5 days, surely I must have some rights?
Solicitor: Leon, Solicitor replied 11 months ago

Good evening

If you can reach and agreement about the kids living with you and he sees them under supervision then you can enter a consent agreement and have the court make the orders.

If you cannot agree you first have to go to mediation and then if that fails then go to court.

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

If you stop him seeing them, he can take you to court and get a recovery order and the court will not look fondly ***** ***** for that.

If you fear for their safety because of his drinking you have to raise this with the court and orders requested that he not drink before seeing them.

Ask Your Own Australia Law Question
Customer reply replied 11 months ago
I don't want him coming to my house and he can't have the kids unsupervised, I'm not gonna let him take the children so is there any issues there??
Solicitor: Leon, Solicitor replied 11 months ago

Good Evening

You have every right to set boundaries and if he does not like them you will have to go to court and the court will then make the orders.

I would suggest you start mediation and set down the rules you want.

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.

Please do not forget to leave positive feedback.

Regards
Leon

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
46,961 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,961 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I am 30 year old married 6 years ago Have 3 kids my wife
I am 30 year old married 6 years ago Have 3 kids my wife doesn't like to live with my parents but want to bring her whole family with me and help them financially which I don't like she only worried a… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My ex partner is seeking to take my children out of their
Hi, my ex partner is seeking to take my children out of their current school (they are grade 1 and 6 respectively) in Melbourne and relocate to Geelong. She has conducted school toured without my know… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My Partner has a court order which allows him to see his
My Partner has a court order which allows him to see his daughter 3 times a week. His Ex partner has made up some accusations and "suspended his time" until her lawyer is back from holidays on the 8th - this will make it 2 weeks without seeing his daughter. is there anything we can do … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I'm enquiring on a family law matter for my partner. Can you
I'm enquiring on a family law matter for my partner. Can you help me … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My partner who is 64 years old had to have a new kidney
Hello my partner who is 64 years old had to have a new kidney which I was lucky enough to give him last year. Things have not gone well and he has to go back to hospital the doctors have told us to ge… read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
Can you please give me some information in regards to the
Good Afternoon,Can you please give me some information in regards ***** ***** costs involved to have you represent me to fight my ex partner in his application to vary the current intervention order t… read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
Hi Im a recent defence ex spouse, my kids & i left the family
Hi Im a recent defence ex spouse, my kids & i left the family home due to a police AVO on my partner (after he assaulted me while holding our 3yo).we get a free move from Toll upon splitting; but army… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Help we are scared of ex mental state and how it is harmful
Help we are scared of ex mental state and how it is harmful for the child but no one will help!!!! My partner's ex (A) won't let him, his family or our 2 children see his daughter. (Our kids have NEVE… read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
Hi I am in a defacto relationship of 10 years its a very
Hi I am in a defacto relationship of 10 years its a very long story but I had lost 2 properties because of my partner I have always worked and supported him and my kids. So along the way we or he obta… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, my nieces, who live in Queensland have run away from home
Hi, my nieces, who live in Queensland have run away from home due to a physical incident which occured with their Father and his partner. They do not want to and will not go home. They are aged 15 and… read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
What rights have i got as a male in family custody battle when
What rights have i got as a male in family custody battle when my wife is a alcoholic who has been in and out of rehab she has been out for 2 weeks and gone interstate with the kids whilst im away at … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Whos an excellent solicitor to use regarding family law in
Who's an excellent solicitor to use regarding family law in Victoria? I'm having ongoing issues with my ex partner who is continuely breaching court orders and is now witholding the child from me all … read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
I do not know where to begin. I have been separated for 3
I do not know where to begin. I have been separated for 3 years from my ex-husband and we have been divorced for 18 months. Our children have always lived with me, having contact with their Dad if the… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
What rights does the lesbian partner of the natural mother
What rights does the lesbian partner of the natural mother who had her 2 children by IVF in Queensland when she was in a relationship with the lesbian partner,(who helped finance the IVF, but who is n… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi... have a problem about my kids. Its started that my kids
Hi... have a problem about my kids. Its started that my kids tell thier teacher that they have been touched by my de facto to thier private areas of the body. After that... police came to my doorsteps… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I own a townhouse that I have had owned outright without mortgage
I own a townhouse that I have had owned outright without mortgage since before my defacto and I were together. I was also living in and paying off the other house that I live in which she came to live… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I have recently split up with my partner of two years. We lived
I have recently split up with my partner of two years. We lived together for 8 months. I bought a car before the "de facto"? relationship started. I have proof that I paid for the car but because she … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
On May5 2009, my ex wife was bashed by her brother in law.
On May5 2009, my ex wife was "bashed" by her brother in law. guess bashed is a harsh word. She ex wife is an alcoholic, very argumentative, very smart and can remember all that has happened, trust me … read more
Katrina Bell
Katrina Bell
Barrister Sole
Bachelor\u0027s Degree
468 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x