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I’m asking on behalf of my boyfriend how he can get back in…

Hey, my name is...

Hey, my name is ***** ***** I’m asking on behalf of my boyfriend how he can get back in touch with his two daughters in Australia. He’s been estranged from them for a few years. The children’s mother has been very difficult and their divorce was very acrimonious. I have not been with my partner long but it’s very important to me that he gets to be a part of their lives. We’re not sure where they are

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

I wouldn’t know how to do that. How do we?

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

No. I’m talking to u

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

He has always paid child support. He moved over here to live with me in February. So he has only just got work here recently

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Customer reply replied 26 days ago
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Customer reply replied 26 days ago
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Answered in 1 hour by:
3/26/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,239
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 Evening

Has he spoken with the mother to see if she is prepared to enter into an agreement?

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Customer reply replied 25 days ago
There is no way either of them will speak to each other.
Customer reply replied 25 days ago
She took the house and all the furniture. She was violent. He hasn’t seen his kids for 6 years. He felt he had to walk away. He’s always paid child support. He fought the courts for custody and ended up with debts that he’s only just paid off.

Good Morning

What was the outcome form the court? Did they not make any orders?

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Customer reply replied 25 days ago
He rang after the last time he has his daughters. It was an agreed time. His ex said she was listening in on every conversation and that she wouldn’t go to the pick up point to drop off his daughters when he was having his time with them. He stopped fighting because he was so worried about the kids being torn. He literally walked away and was suffering from huge depression at the time. So no, no court order. He just felt he was doing the right thing and has been racked with guilt ever since. He misses them so much. And they must miss him. It’s been about 6 years since he saw them and they are 14 and 10 yrs old now

Good Afternoon

He is going to have to start the process by going to mediation and hopefully they can reach an agreement and he can spend time with his children and the children with him.

If you currently in Australia or New Zealand?

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Customer reply replied 25 days ago
He’s paid child support ever since. And gave her the house which she sold and kept the profits. Up until recently he stopped paying as he moved to NZ to be with me and has started work again now. He has rung AUS child support services several times and phone hasn’t picked up saying there were technical difficulties. He’s putting money aside each week for them for when child support do get in touch.
Customer reply replied 25 days ago
We’re in NewZealand

Good Afternoon,

I suggest that he make further efforts to speak to child support, because they will be assessing him and the amount of debt will be increasing. He has to let them know what his current income level is and where he is living.

At the same time I would suggest that you contact relationships Australia which is further below and see if he can arrange a mediation over the phone.

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 this fails then he will have to commence proceedings in court to see his children.

But he needs to start communicating with his ex so that arrangements can be made with at least some Skype calls so he can only speak to his children.

But he has to sort out child support because he cannot just simply do nothing it will end up being a huge debt and he will not be able to wipe it.

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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Customer reply replied 25 days ago
Thank u Leon. Not sure how to rate u. But your advice is great and we can try go from here

Good Afternoon

There should be some stars at the top and you click on the 5th one.

and then click on send or rate me.

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,239
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,239
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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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