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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm after some family law quick advice, can you help me??

Customer Question

I'm after some family law quick advice, can you help me??
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: My ex partner has an alcohol problem, my kids are 3 and 2
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month 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 1 month ago.

Good Evening

What would you like to know?

Customer: replied 1 month 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: replied 1 month 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?
Expert:  Leon replied 1 month 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.

Customer: replied 1 month 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??
Expert:  Leon replied 1 month 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