Legal Question in Family Law in Australia

Re: visitation rights

I am assuming that we are talking about Australian States and this advice is given on that basis.

The short answer to your question is that neither parent of a child has any greater claim to a child in the absence of a Court order to that effect.

However, in the circumstances described by you, if your ex-partner did hold on to your child, the Court would almost certainly list any application filed by you on an urgent basis, and would almost certainly order that the child be returned to you on the basis of stability. The exception to this would be if there was evidence that the child was in some danger in your care.

You should consider asking your ex-partner to sign an agreement in the prescribed court form which at least acknowledges that your child ordinarily resides with you.

Hope this helps

Greg Shoebridge