Hey. I just became a dad 4 weeks ago. Me and my now ex fiance were happy all up until a few weeks before he was born. We split and her mum moved back here and got a place with her to help her out (who continually tells her what to do but thats a different story..).
I see my lil boy every day for half hour or so (i go to their place as uncomfortable as it is), but now she's trying to dictate when I can and cannot see him. I was wondering if anyone knew what the next step for me is, to make sure legally I can still see him regularly, how often that may be, and then what I have to do to stop her from legally leaving the state. We're in Tassie. Her mum is from Sydney and the lease on their place runs out in Feb, and I don't want her leaving with my boy!!
Any help or advice greatly appreciated (i realise i need to see a lawyer, but thought someone on here might know before i get a chance to go there).. :)
2006-12-10 23:21:40 · 4 answers · asked by C R 1 in Family & Relationships ➔ Family
As far as I understand, she is not allowed to leave the state with the child without your permission, (providing you are on the birth certificate as the father).
I only have the W.A. Family Law book here, but it says you may arrange a parenting plan with her through the courts. You might be eligible for legal aid which will save you mooney on legal fees.
The father is considered to have an equal role in the life of the child and there are no legislative provisions givingthe mother priority or special status under the Family Law Act.
The court may allow a child to be moved if they are assured that the child will have contact that effectively ensures the other party not wanting the move is assured adequate contact with the child, and that both parties have financial means to ensure that there is extended physical contact for instance durng school holidays.
Pop down to the library and see if they have the Family Law book there for Tas. If not, pop into a university library, and ask to see the legal section. You will find out plenty. Make sure the books you read are recent.
2006-12-10 23:33:21 · answer #1 · answered by AJ... Australia 4 · 1⤊ 0⤋
yeah, you need a lawyer and FAST! she Will leave if you dont get a lawyer!
2006-12-10 23:24:28 · answer #2 · answered by bronzebabekentucky 7 · 1⤊ 0⤋
You should get shared custody.
2006-12-11 01:21:18 · answer #3 · answered by Anonymous · 1⤊ 0⤋
All i can say is goodluck !!!
2006-12-10 23:31:00 · answer #4 · answered by Huff G 2 · 0⤊ 1⤋