Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I am planning a separation with my partner and have one

Customer Question
I am planning a...

I am planning a separation with my partner and have one child involved. We aren't married, just in a de facto relationship. Even though being in Australia, due to my visa I don't get any financial support to help me move out and start a new life. I am considering moving back over home, germany, where I have friends, family and the support I need. Can I take my child, 1 year Old with me?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

QLd

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

The lawyers in my town don't deal with separation including children. So, no.

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

Not at the moment

Submitted: 8 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/15/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,568
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 8 months ago

to remove the child from Australia you will need the father's consent.

if consent is not given you will need to seek a court order from the Family Court on this matter.

would you like to discuss this important situation by telephone ?

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
even though not married I still need his consent. What are the consequences if I was to leave without consent? If he doesn't want to agree, how high are the chances that I will get my way with a court order? I would like to make sure I can stand my grounds with legal rights to confront my current partner in order to perhaps make things easier and him taking me seriously.
Solicitor: John Melis, Lawyer replied 8 months ago

yes you will need his consent.

if you take the child outside of Australia it will classed as kidnapping and the intentional conventions on child protection will take effect.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
If applying for a court order, as the birthmother and principle carer how high are my chances to get a consent?
Solicitor: John Melis, Lawyer replied 8 months ago

this is subject to many factors.

would you like to discuss these points by telephone ?

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
I am fine writing, thanks. A phone call for $82 is not in my budget. Do these court orders apply fees?
Solicitor: John Melis, Lawyer replied 8 months ago

understand.

what I have done is extend you a special offer to assist in this very important matter.

this is a new offer for you.

what do you think ?

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
Unfortunately I can't talk freely at this stage. Are there appointment I can make? Or can't we just keep writing?
Solicitor: John Melis, Lawyer replied 8 months ago

yes you select the offer and my numbers will display and you can call when you are free ?

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
what if this would be tuesday next week?
Solicitor: John Melis, Lawyer replied 8 months ago

that is ok too.

accept the special offer to day and you are welcome to call me Tuesday.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
ok.
Solicitor: John Melis, Lawyer replied 8 months ago

my numbers will display once you accept the offer.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
applying for a court order comes with fees? How does the whole process look like?
Solicitor: John Melis, Lawyer replied 8 months ago

there are various stages involved, with the first being submitting a application to the Family Court.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
then....?
Customer reply replied 8 months ago
how long can all this take?
Solicitor: John Melis, Lawyer replied 8 months ago

it could be lengthy where there are objections raised by the father. so it could take anywhere between 1 to 6 months subject to the facts of the matter

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
Is a court order costly?
Solicitor: John Melis, Lawyer replied 8 months ago

yes it can be if the process is not handled properly from the start .

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
Due to my current financial situation and my visa, I don't get any support from human services regarding anything to do with my child or rental assistance. Does this mean I have to stay living under the same roof with my current partner until I can move on?
Solicitor: John Melis, Lawyer replied 8 months ago

there are other support services we can talk about when you call me on the special offer.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
which is 4 days to go. I would like as much information I can gather to get better results and have better questions and time to digest
Solicitor: John Melis, Lawyer replied 8 months ago

have you been to the Family Court website as this provides detailed information about raising an application and what to do.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
not yet.
Solicitor: John Melis, Lawyer replied 8 months ago

this may be a good start for you.

don't for get to accept the special offer before it expires as it is a once of in the post.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
how much do you think can you help me in my case?
Solicitor: John Melis, Lawyer replied 8 months ago

I can help you as I do work in Family Law. the offer is better than paying 300 per hour in the lawyers office.

Ask Your Own Australia Law Question
Customer reply replied 8 months ago
It says this isn't a legal firm and only general information, not legal purposes.
Solicitor: John Melis, Lawyer replied 8 months ago

when you call me you will be talking to a lawyer which is me. Then I will be providing you legal advice.

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 Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio 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

27,790 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

3,568 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I am applying for PR and am confident that I would be able
I am applying for PR and am confident that I would be able to get through. However, I would like to bring my mom and brother to live with me in Australia on a permanent basis. My mom is a house-wife a… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
A defacto relationship seems to mean a long lasting
A defacto relationship seems to mean a long lasting relationship with committment to one another and recognition as a couple (ie invites to things together, attending things together, recognition by o… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My question is as follows. My defacto partner and I have
My question is as follows. My defacto partner and I have separated after 20yrs. I have 50k given to me as early inheritance by my father which we had sitting on the mortgage. The house is now sold. Sh… read more
John Melis
John Melis
Lawyer
3,568 satisfied customers
I have rather a question to my partner visa 820. Because my
Hi there! I have rather a question to my partner visa 820. Because my boyfriend decided to break up with me. … read more
John Melis
John Melis
Lawyer
3,568 satisfied customers
I am in the midst of a spousal visa application in Australia
Hello... I am in the midst of a spousal visa application in Australia and my husband has had an affair and I am needing to speak about what my options are? … read more
John Melis
John Melis
Lawyer
3,568 satisfied customers
There is one case decided by the Family Court of Australia
There is one case decided by the Family Court of Australia where a husband was ordered to pay spousal maintenance to his wife while they had not separated – ie were still living together as a married … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am an Australian citizen and my fiancee is an American citizen.
I am an Australian citizen and my fiancee is an American citizen. What options/visas are available to us to have him relocate to Australia?… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Answers from Two Experts requested: Hi, I am currently involved in a compensation claim th
Hi, I am currently involved in a compensation claim through TAC. If Im successful in obtaining compensation, is there anything my ex partner can claim from me? She moved out 3 years ago and left our 3… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
The Commonwealth Superannuation Act 1976 states that a claim
The Commonwealth Superannuation Act 1976 states that a claim as an eligible spouse must be a 'partner.' The Family Law Act 2008 states an eligible person may be a 'friend' not a "partner.' In the case… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
We are living a polyamory life since we were living in our
We are living a polyamory life since we were living in our country. My husband and I met someone in our country who supports and encourage this kind of relationship for he doesn't have a family of his… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I am a man in an exclusive relationship with a woman since
I am a man in an exclusive relationship with a woman since 2008.I have considerable property and am a self funded retiree,she has limited assets,works part time and lives with her extended family in a… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
reguarding imagration law i have a friend from scotland with
reguarding imagration law i have a friend from scotland with me in australia we want to be together is there anyway of her staying in aus,she is on holiday visa now but wants to stay here with me we n… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
I live with a different sex partner in Australia. I am an USA
I live with a different sex partner in Australia. I am an USA citizen and NOT an Aussie. What laws affect me in the USA. We live in Australia where I work and go to school. Working on a work visa or s… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
hi my name is Kelli, i left my defacto a year and a half ago
hi my name is XXXXX XXXXX left my defacto a year and a half ago now, we were together for nearly 14 years, he never put my name on anything, he is selling our home, am i entitled to anything?… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My new partner (jill )has left her defacto of three years and
My new partner (jill )has left her defacto of three years and I want to adviser regarding here chances of getting some share of his assets. My partner is originally from Kenya she met the ex online ov… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Hello, I am unable to have any children and my friend has
Hello, I am unable to have any children and my friend has kindly offered to be a surrogate for me. I am single and we would use a donated embryo. Is this now legal they changed the law in November thi… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Hi I am a Swiss citizen who received a permanent residency
Hi I am a Swiss citizen who received a permanent residency last July this year. My partner is an Australian citizen. I don't have any family members or close friends here in Perth where we live. We wa… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Regarding defacto XXXXX XXXXX agreement, what is the length
Regarding defacto: XXXXX XXXXX agreement, what is the length of time required for a couple to be living together to qualify for defacto relationship (in Western Australia)… read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 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