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I need to speak to a solicitor about family law proceedings.

Customer Question

I need to speak...

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 went to court and tried to fight for her after her father & grandmother took her at 3 months old, went through 18 months of court. In the meantime I met my now partner & fell pregnant with my second child. We eventually ended up getting court orders that stated that her father would get 51% custody, and his mother would get 49% custody and I would get visitation until I could sort my life out etc. It's been nearly 6 years, and there was a time period of about 18 months in which I did not see her or hear from her grandmother even though her grandmother claims to have messaged me - I never received any of these messages. When I finally started seeing her again, she instantly ran up and called out mum and gave me the biggest hug. Anyway, fast forward and her father is now incarcerated for the fourth time in her short 6 years of life. He is serving 2 + years, he gets sentenced in June but is being held in custody, bail refused after being on the run for a few weeks. I'm wondering where I stand when it comes to what to do next? Could I get half custody back of her?

Lawyer's Assistant: The Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?

I don't think so.

Submitted: 21 days ago.Category: Australia Law

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Answered in 5 minutes by:

3/6/2020

Solicitor: John Melis, Lawyer replied 21 days ago

John Melis, Lawyer

Category: Australia Law

Satisfied Customers: 12,821

Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

are there any court orders yet

Customer reply replied 21 days ago

Hi.Yes there are court orders in place. Would you like me to email them through to you or something so you can get a better idea of the orders?

Solicitor: John Melis, Lawyer replied 21 days ago

please up load to the chat box

Customer reply replied 21 days ago

Here are the final court orders made

Solicitor: John Melis, Lawyer replied 21 days ago

In order to achieve what you would like to do, it would either require a private agreement between the parties and where that is not possible, you would have to re-commence proceedings in the family court to seek alterations to the current order. It is not impossible but will take some time to do

Does this help with your question today?

Customer reply replied 21 days ago

Is her father entitled to having 51% custody even though he's incarcerated for a very long time?

Solicitor: John Melis, Lawyer replied 21 days ago

Where the father is incarcerated for a long time, the parenting orders really become frustrated in respect to that particular aspect because of the incarceration. The rights of custody in that particular aspect cannot work because he cannot look after the children. However what you should do is reopen proceedings in the court to have the parenting orders amended to reflect the correct fact that he cannot be looking after the children when he's incarcerated and the parenting orders need to take that into consideration.

Does this help with your question today?

Customer reply replied 21 days ago

His mother also shares 49% custody? Can she fight me for full custody even though I have a stable home, 3 healthy children who I have full custody of, and a partner who works everyday etc?

Solicitor: John Melis, Lawyer replied 21 days ago

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer reply replied 21 days ago

If rather keep messaging thanks.

Solicitor: John Melis, Lawyer replied 21 days ago

No problem

Can you tell me how you fit into this equation, are you the grandmother for the father who is incarcerated or going to be incarcerated?

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