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My son and his wife are in a highly turbulent marriage. They…

Customer Question
My son and his...

My son and his wife are in a highly turbulent marriage. They had agreed to instigate divorce proceedings then she changed her mind and is trying to drive him out. They have two children, 11 and 3 and she has a 14yo. Tomorrow is the 11yo’s birthday. My son is taking her and five friends camping. His wife won’t go so I offered to do the shopping, make the cake and help out generally while my husband has offered to help set up the camp. I would like to discuss the food with my granddaughter but the mother won’t let me because I am an evil,racist witch who is plotting to wreck her marriage (I’m not). If she knows I’m going camping with them she is likely to cancel the whole event. I know I can’t go to their house because when I called in on Tuesday to pick up the little boy as usual, she screamed at me and called the police. S, after a long explanation, my question is how much right does she have to control who the children associate with outside the family home and do both parents have equal rights. I’m really concerned that she will sabotage the camping expedition. Over to you.

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

No, my son has seen a lawyer who keeps telling him they must go to mediation but his wife refuses

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

WA

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

Goodness I could go on forever but won’t. I’m very concerned about the children and my relationship with them. I have had them every week for two days for the past 9 years and now have been told I can’t. When I asked for an explanation she said she didn’t owe me one and that I was an evil, racist witch. The little boy was quite traumatised,he got into my car and said he wanted to come to my house but I accept that I have no rights.

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/15/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,309
Experience: Principal Lawyer at Legal AU Pty Ltd
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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

where there are safety concerns have you considered the obtaining a family protection order "DVO" ?

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Customer reply replied 4 months ago
No although she can be violent and has been on a few occasions. She was asked to leave a church after physically and verbally attacking her sister
Solicitor: John Melis, Lawyer replied 4 months ago

ok

may be it is time to consider and DVO to protect the family

what do you think ?

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Customer reply replied 4 months ago
I have an appointment to see a family lawyer tomorrow anyway but wanted some clarification so that I can talk to the child this evening to discuss food
Solicitor: John Melis, Lawyer replied 4 months ago

you have made a good move to see a family lawyer.

they will advice on the DVO, financial separation, mediation, and parenting matters.

have I answered your important question today ?

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Customer reply replied 4 months ago
Thanks I’ll take a note of those topics. The problem is we are dealing with a ruthless liar but hopefully the court can see through that.
Solicitor: John Melis, Lawyer replied 4 months ago

you are welcome

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

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

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Solicitor: John Melis, Lawyer replied 4 months ago

Here is how the court looks at financial separation:

Where the court makes alteration of property interests under section 79 of the Family Law Act 1975, the court will usually take into account four facts. [1] The court will assess the extent of the property of the parties and determine its value. [2] The court will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent. [3] The court will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential. [4] The court will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case. Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

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Solicitor: John Melis, Lawyer replied 4 months ago

Parenting is based on equal parenting rights under the Family Law Act.

I have extended a special offer to talk on the phone about this important matter, please look, it will help you if needed.

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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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