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I have an issue in relation to my son and his father. Nsw. I…

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I have an issue...

I have an issue in relation to my son and his father

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

Nsw

Lawyer's Assistant: What steps have you taken so far?

I have just made enquiries but I have been told it is expensive

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

My son is afraid of his father

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/20/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,578
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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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

What is the issue

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Customer reply replied 3 months ago
The issue is that my son is afraid of his father and is scared that he will punch him. We are separated and I have physical custody, however no orders are in place. His father was emotionally, mentally and physically abusive. What steps can I take to protect my son? His father wants to visit and I felt like I couldn't say no. When I mentioned to my son he just went quiet.
Customer reply replied 3 months ago
My son is almost 5
Customer reply replied 3 months ago
Hi father lives in qld and wants to visit for the Easter break.
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

Has the father ever hit the child?

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Customer reply replied 3 months ago
Not that I have seen. But he has hit objects around the house and is prone to having outbursts of rage.
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

Have you spoken to the father about this?

You will have to speak to him to sort this out.

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Customer reply replied 3 months ago
I have but he says he would never do anything to hurt him and doesn't know why he is afraid.
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

the visit that the father will make, will you be present at the same time when he's with the child?

There is obviously some problem that the child has picked up on, which is causing the fear.

This is going to have to be resolved, and it may require that the child sees a child psychologist. But due to the timeframe before Easter there is not enough time to arrange all of this.

You need to work with the father and the child to alleviate these fees.

If there is no evidence of violence, it is going to be very difficult to get orders, to stop the child saying the father.

You and the father need to work together to rectify this situation. If the father does have anger issues and shows violent behaviour around the child this has to be addressed as this may be causing the child anxiety.

But as I said, you have to work with the father and the child to get this resolved.

I also think mediation would assist so that the child can spend some time with the father or have contact when the father is not around to make the child more comfortable being with his father.

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

Contact the father and ascertain whether he is willing to undertake any of this to assist the situation.

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

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