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I have a family member who has no access to see his children…

I have a family...

I have a family member who has no access to see his children and is now not allowed to even phone is children there are no court order his ex is asking him to sign passport papers, to be able to see his children is there something legal he can get so as she has to return the children to australia

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

His doesnt have the money to take her through court

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

QLD

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

No thats about it for now

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Answered in 5 minutes by:
3/14/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,906
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

Have they undertaken mediation?

The parents have no rights in these cases. The law says it is the childrens right to know and spend time with both parents.

The law also bases its decisions on what is in the childrens best interests.

So in this case they have to have mediation first and if that fails then they can file to take the matter to court.

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

If he does not have the money he may be eligible for legal aid and he should canvas this option

If he fears that she will take the children overseas and not return them he can take out an order and place them on the airport watch list.

But he has to take this to court.

He can Contact the law society of QLD and get a referral to a Family LAw accredited specialist and ask if they do legal aid work or you can contact legal aid directly.

https://www.qls.com.au/Home

http://www.legalaid.qld.gov.au/Home

He should make a move because if he refuses to sign the passport she will take him to court and he will need to have a solicitor.

I suggest he make the move for mediation ASAP and also contact the law society or legal aid to get representation as he will need it.

Here is a link that sets out what the courts look at when making orders about children.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/family-law-in-australia/parenting-cases-the-best-interests-of-the-child/parenting-cases

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,906
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 5 months ago
they did go to mediation and he did receive the papers to take it to court as mediation failed.
She is holding the passport papers as leverage over him to see the children, but he is worried that if he signs them and she goes to NZ with them she wont come back as that's where her family is..
Is there nothing simple that can be drawn up by a solicitor that they can both sign, so he can have some reassurance that his children will return to Australia, without the expense of court

Good Morning

She cannot do that and if he has that in writing he should use it in his application.

It has to be orders to be filed in court.

It can be done by consent.

But she has to agree.

In order to be reassured he should be asking for copies of tickets itinerary and also phone numbers and addresses where they will stay and the orders should also set out contact times and how.

Also he should be asking for contact when they are back.

It should also state when they are to return

He needs this done correctly and getting a solicitor to write to her and set out what he wants is the best way forward.

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Customer reply replied 5 months ago
Thank you so much Leon you have been a great help...

You are very welcome and good luck

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