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MY PARTNER IS TAKING OUR CHILDREN OVERSEAS

7th August 2019

child custody?

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Good morning,

“MY PARTNER IS TAKING OUR CHILDREN OVERSEAS”

I have had clients who rang me requesting my assistance to stop their partner taking their children out of Australia. 

I had assisted Mary (not her real name) in her parenting case in the Family Court. Her ex-husband believed that their children were his property to do with and as he liked without her agreement or permission. She rang me about 8pm in the evening to tell me that her husband had rang her and told that he was going to take their children from Australia the next day. He said that he wasn't going to bring them back and there wasn't anything that she could do about it. In Australia there is no such thing as custody. Once separated, parents have the responsibility for the long-term upbringing and spend time with each parent either by agreement or in accordance with orders in the Family Court. I advised Mary that it was possible to prevent her husband from taking the children from Australia and that I could assist by putting in measures to prevent him.

As this was an urgent situation, despite the late hour I undertook action to prevent the removal of the children from Australia. This included an urgent application in the Family Court and met with Mary that evening to draft the application and her affidavit in support. My actions successfully prevented the children's removal and ensured that orders were put in place to allow both parents to spend time with the children appropriately.

I was successful in obtaining orders so that the children who was six years old and eight years old at the time to live with their mother and spent time every second weekend with the father. Due to the attitude of the Father orders were in place to prevent him from taking the children out of Australia without the written permission of the mother. With these orders in place the children were able to spend appropriate time, according to their needs, with both parents.

In such situations regarding family law, if I can be of service to assist you or anyone you know, please contact me.

Kind Regards,
 
Jeffrey 
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