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I am looking advise for family law matters- children issues.

Customer Question
Hi, i am looking...

Hi, i am looking advise for family law matters- children issues

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in Melbourne

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

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

Yes, we have a parenting order for father to pick up on fortnightly basis. we have 2 children age 9 and 7. the 9 year old has been refusing to go for the last 4 weeks due to issue with his neice who lives with him.

Submitted: 4 months ago.Category: Australia Law
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Customer reply replied 4 months ago
hello,I would like to ask a question about family law.i have 2 children aged 7 and 9 and have had a parenting plan in place since 2015. The children have been spending time with their father for 1 night a fortnight and recently my 9 year old daughter has been complaining and refusing to spend time with her father.I have been talking about her concerns for the last 4 weeks and encouraging to continue going and talking with her father. My daughter has been having issues with his niece (12 years of age) who is living with him. in addition my daughter mentioned that she feels unsafe and worries as the niece gets in trouble too many times and her father looses his temper and raises his voice at her. My daughter further states that he will get the niece and my daughter to do the grocery shopping for breakfast by themselves where he stays in the car and wait for them to return. My daughter informed me that she is stressed as she is afraid that someone might take her away as she does not have an adult to supervisor them.My daughter has discussed with her father about her concerns and she has gone back to him about 2 times and said that nothing has changed. Today at handover, my daughter refused to go. I encouraged her to tell him and to discuss it with him so we walked to the handover together and when she told him, he had a go at me; his words were "that he is seeing my evil in her"- mainly referring to her not to spend time with his niece. He refused to talk to me and said that he will take me to court. My daughter broke in tears. I asked him to talk to her and they went to a corner and she was settled after her conversation with him where she came back to me and said that she will go.As for the 7 year old boy, he has picked on his sister's issue of the niece but thats something I cannot resolve.I would like to know where I stand with all this and what i should do to look out for the welfare of my daughter. I don't want her to start stressing about her visitations. Please advise.
Answered in 4 hours by:
12/9/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,458
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 4 months ago

where the children's well being is in question, you can seek an amendment of parenting orders through the court, however, before pursuing this path the recommended step is to attempt mediation first with the father. If your former partner is not will to participate then next step is ti raise an application in the Family Court.

the best interests and safety of the children are paramount.

do you need assistance with this process ?

have I answered your important question today ?

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Customer reply replied 4 months ago
Hi John,Thanks for getting back to me.No, my question has not been answered. I wanted to get advise if what I have done is right/wrong and what r my options to look out for the safety of the children?
Solicitor: John Melis, Lawyer replied 4 months ago

From your comments above you are doing everything right that would be expected of the fulltime carer (mother) for the concern of the child, your daughter.

What you have described is psychological trauma on a child. Your actiosn that you have done tring to mediate the situation with their father is correct. However, were your daughter is refusing to attend to the fathers residence, and the father is enforcing the same, this is where it is important to either have your dauhther visit a child pyschologist to determine what is the real issue that is occurring when she visits the fathers house.You daughter has a right to be protected under the Chidlren, Youth and Families Act 2005. Then where your daughter demonstrates a fear of going to the fathers property, an urgent injunction can be obtained from the Family Court to issue an order that your daughter does not need to attend the father's house. The report from the child psychologist will be important when seeking the injunction.

have I ansered your important question today ?

I have extended a special offer to talk on the telephone concerning this important matter if you prefer too ?

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