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I’m having a lot of problems with my ex wife and the custody…

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Hi. I’m having a...

Hi. I’m having a lot of problems with my ex wife and the custody of our children aged 10 and 7. They both have expressed constantly that they want week on week off. I have great concern for their mothers mental health. She is un willing to compromise unless it what she wants and the level of care I have seen over the last 18mths is appalling. The children are not happy at there moms hence why want more time with me. I have them 5 nights a fortnight already but at mediation a week ago she flat out refused. So I now am looking into what my rights are and if you feel I had a case to take her to court to get week on week off custody and share parental rights. I have tried to work with her but she is just impossible to deal with. Thanks for your time.

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

Qld

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

Not to the courts. There is no custody legally done either

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

No thanks

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/18/2018
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
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 today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

Do you have orders or is this just an agreement between the 2 of you?

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

Under the Family Law Act the rights belong to the children and what is in their best interests

If you believe that being with the mother is not in their best interests you have to make an application with the Family Court and seek the orders you want.

If the mother suffers from mental illness it may be best they live with you and she get treatment and when she is better then go to equal time.

You have to go to mediation first before court. This is assuming there are no orders.

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

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

Good Morning

I am following up my last post.

Is there anything else I can assist you with?

I look forward to hearing from you

Regards

Leon

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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).

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