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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: 5 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/15/2017
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,781
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.

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Solicitor: John Melis, Lawyer replied 5 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 ?

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Customer reply replied 5 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 5 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.

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Customer reply replied 5 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 5 months ago

this is subject to many factors.

would you like to discuss these points by telephone ?

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Customer reply replied 5 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 5 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 ?

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Customer reply replied 5 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 5 months ago

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

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Customer reply replied 5 months ago
what if this would be tuesday next week?
Solicitor: John Melis, Lawyer replied 5 months ago

that is ok too.

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

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Customer reply replied 5 months ago
ok.
Solicitor: John Melis, Lawyer replied 5 months ago

my numbers will display once you accept the offer.

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Customer reply replied 5 months ago
applying for a court order comes with fees? How does the whole process look like?
Solicitor: John Melis, Lawyer replied 5 months ago

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

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Customer reply replied 5 months ago
then....?
Customer reply replied 5 months ago
how long can all this take?
Solicitor: John Melis, Lawyer replied 5 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

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Customer reply replied 5 months ago
Is a court order costly?
Solicitor: John Melis, Lawyer replied 5 months ago

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

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Customer reply replied 5 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 5 months ago

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

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Customer reply replied 5 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 5 months ago

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

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Customer reply replied 5 months ago
not yet.
Solicitor: John Melis, Lawyer replied 5 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.

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Customer reply replied 5 months ago
how much do you think can you help me in my case?
Solicitor: John Melis, Lawyer replied 5 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.

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Customer reply replied 5 months ago
It says this isn't a legal firm and only general information, not legal purposes.
Solicitor: John Melis, Lawyer replied 5 months ago

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

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Deborah Awyzio
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Category: Australia Law
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