Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have a question about custody rights. I am about to end a…

Customer Question
Hi I have a...

Hi I have a question about custody rights.

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

I am about to end a relationship in which we have an almost 3 year old. I also have an older son who is living in NSW with his grandmother because of his relationship with my (soon to be ex) partner. I am originally from NSW and only moved myself and my son here right before our daughter was born to be with him. I have no support here what so ever and wish to move back to NSW, but he is saying he wants 50/50 rights with her which would mean that I would be stuck here in a state without any family or friends, completely isolated. I want to know what rights I have in this matter and how I can get away and be supported by family and friends. I will not give up my daughter!

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No, I am seeking help right now

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

I'm not sure.

Submitted: 3 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/17/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,114
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.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Thank you
Solicitor: John Melis, Lawyer replied 3 months ago

under the Family Law Act both parents have legal rights to joint parenting matters, this can mean 50/50 on decisions about the well-being of the children.

as far as visitation rights are concerned as you are the full time carer of the children you have a legal right to ensure that the children a in safe and stable environment.

if this means relocating to another area that you will be able to do this.

when this occurs a parenting plan can be put in place to set times the father may see his child, whether it be on the weekends or other days that are agreed upon.

you as full time carer will have the rights to direct the best interest of the child.

does this answer your important question today ?

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
how would that work if I moved back to nsw and he was living here in SA. (He has 2 other young daughters)
Solicitor: John Melis, Lawyer replied 3 months ago

there would have to be a mutual agreed time of visitation.

this is where discussion between the parties, directly or through their lawyer's needs to occur to fix a time for this to be set.

the law will protect you as the full time carer.

have I answered your question today

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
How do I move to nsw while he is in sa and still share custody?
It is 3 days travel!
Solicitor: John Melis, Lawyer replied 3 months ago

this will be where the parties need to agree on a mutual time, such a set weekend, and the parent will need to travel to NSW or the child travels under supervision to that parent.

this is not a easy process but many families do manage this arrangement for the best interest of the children and the parents involved.

does this help with your question today ?

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,114 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I have a question regarding a letter of demand from 'Fines
Hello - I have a question regarding a letter of demand from 'Fines Victoria'. … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I was typing and lost the conversation. I would like to know
I would like to know in QLD The father of my child has sole parenting from Final Orders. He now wants to make his wife Legal Guardian og my 4 year old daughter. Can he do that without my permission and if so what does it mean for my daughter and I. Would he then be able to stop supervised visits with my daughter that is court ordered every 3 weeks … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Our accountant, is with holding our 2016-17 tax return until
Our accountant, is with holding our 2016-17 tax return until we pay her exorbitant fee in total. She will not speak to us, all we know is that we have a tax debt but have no idea of the amount as she … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I have a complaint against consumer affairs. I am in
May I give you my story so as to assess whether you can help me or not. … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I am a 67 year old architect employed by a practice with
I am a 67 year old architect employed by a practice with less than 15 employees in Western Australia. … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
Our Father passed away 13 mths ago leaving my brother the
Second opinion] Our Father passed away 13 mths ago leaving my brother the executor and I the house, he is living in it but wont pay rent,being executor he is not to profit from his position, is that r… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have been publicly defamed at a workplace union meeting.
I have been publicly defamed at a workplace union meeting. Can I sue? … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
If I am walking on the side of the road where there is no
If I am walking on the side of the road where there is no footpath or nature strip are drivers required to keep their distance? … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I have a tricky situation with a very calculating neigbour,
hi deborah, i have a tricky situation with a very calculating neigbour , this is in a remote townsite of only two businesses , where my neighbour has decided to lirror my roadhouse and block the publi… read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Leon, my colleagues and I as a joke on "Wish" website that
Hi Leon, my colleagues and I as a joke on "Wish" website that sells all kinds of products really cheap. For a joke we ordered a $4.80, 100cm silicone doll to give to an older colleague. We are in Quee… read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I need help with something. Im in australia Victoria
I been thinking about this for a long time doing trading, putting my money in a fund where my money will work for me. I want to know about this oversese trading company called CapitalXp are they legit trading company because i want to put my rwo hundred grand into there fund … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Telling is my name. I have just completed a frustrating call
Hello Deborah, Peter Telling is my name. I have just completed a frustrating call with the ANZ Bank in relation to the obscene interest rate charges they are making on my platinum card, … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Is it possible to try and retrieve the $30,000 I mistakenly
Is it possible to try and retrieve the $30,000 I mistakenly invested with FTO Capital online or is it a lost cause? Thank you … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Want to sue few Child Protection Officers. QLD. I received a
I received a heartbreaking and sladerous and exeggrated letter paged 100+ pages on this Monday stating I am an terrible parent and not responsible, therefore, tomorrow I have to appear to court to disagree this … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I would like to know the value of a penalty unit for
I would like to know the value of a penalty unit for 2018-2019 relevant to the Fund Raising Act 1998 of Victoria. … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Friend is having trouble will her deceased;s mother's
friend is having trouble will her deceased;s mother's will,step father has put a caveat on it she has a law firm but it is taking forever to get any right answer from them and now the step father's la… read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
Can you tell me what rights does a defendant have?? We have
Hi, Can you tell me what rights does a defendant have?? We have had 2 court hearings and they have not attended any … read more
John Melis
John Melis
Lawyer
3,114 satisfied customers
I signed up to a fitness club for a month to month contract
I signed up to a fitness club for a month to month contract and unfortunately the whole contract was wrong. I didn't realise this until I went to give a months notice, as I was told I can do and that'… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x