Legal Question in Family Law in Australia
10 year old son
can and abusive ex partner that has threatened both you and your childs life has never met the child as ive done all i can to protect us both claim visitation rights after ten years,ive had two protection orders over the years he is trying to find were we live through legal family court and is using my son to do so can my son be forced to be near this violent man that he doesnt know and how can i protect my son from this man
1 Answer from Attorneys
Re: 10 year old son
If the father has started court proceedings you would need to be able to demonstrate to the court that it would not be in your son's best interests to meet his father and spend time with him. He can't start proceedings unless there has been an attempt at mediation.
The court would look at the father's conduct and it would probably order a family report be prepared. But unless you can demonstrate this the father probably would be allowed to have contact with your son.
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