Legal Question in Family Law in Australia
breech of parenting order
my ex-girlfriend left town with my 2 year old son which is a breech of the parenting order, i have missed out on seeing my son for 5 weeks, i am waiting on legal aid which has taken 5 weeks so far, what i need to know is how likely is the court to vary the order to the effect that my son is to be returned and to reside with me. i have done nothing to make her leave town, she just wanted to go so she left and did not consider our son or myself or his extended family.the waiting is driving me crazy as i don't know if my son is being looked after.
1 Answer from Attorneys
Re: breech of parenting order
since june 2006, the law has placed an obligation on a parent wishing to leave town to convince the court that it is in the child's best interests to be allowed to do that. the court tends to take a very dim view of parents simply leaving without first either reaching an agreement with the other parent, or getting the court's permission. she is likely to be ordered to return to town, or possibly the child will be placed on your care if it is impossible for her to return. there are many many factors to be considered before anyone could advise youy on the likely outcome. feel free to email me if you need more info. [email protected]
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