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I have a problem with my ex she is not letting me to see the…

Customer Question
I have a problem...

I have a problem with my ex she is not letting me to see the kids properly like it supposed to be

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Nsw

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

Nothing but I have received the certificate 60 from family issues

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

No that’s it

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/12/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

do you have any parenting orders in place at the moment ?

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Customer reply replied 4 months ago
No I don’t have anything
Solicitor: John Melis, Lawyer replied 4 months ago

ok, if mediation is not working with your partner, the next step is to commence arranging parenting orders by the court.

this process will take a little time but will give you the certainty on the matter.

would you like to discuss this option ?

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Customer reply replied 4 months ago
What should I do?
Customer reply replied 4 months ago
please
Solicitor: John Melis, Lawyer replied 4 months ago

there are a couple of steps.

the first one is that it is necessary to obtain a mediation certificate from Relationships Australia that mediation has failed, this will allow an application for proceedings to be filed in the family court.

it is also important to be careful of contract with your former partner at this time as well to avoid a DVO being issued.

the law will protect you in this matter and your parenting rights

would you like to talk on the phone

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Customer reply replied 4 months ago
If you can call me please on(###) ###-####
Solicitor: John Melis, Lawyer replied 4 months ago

have seen offer

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Solicitor: John Melis, Lawyer replied 4 months ago

Each of the parents of a child who has not turned 18 years has “parental responsibility” for the child, Family Law Act 1975. Parental responsibility means “all the duties, powers, responsibilities and authority which by law parents have in relation to children” Family Law Act 1975. This presumption does not apply in certain circumstances and can be rebutted.

There is a presumption, when a parenting order is being made in relation to a child, that it is in the best interest of the child for the child’s parents to have equal shared parental responsibility, Family Law Act 1975.

Primarily, parenting orders are concerned with the time that the child “lives with” or “spends time with” each parent. This is usually the most contentious issue in applications for parenting orders.

Before raising a claim in the Family Court it is important to work out the long term plan for the child and not short term only.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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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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