Getting access to your kids (51)
Misty1773Grafton, New South Wales Australia5 Threads 257 PostsA good friend of mine separated from his partner 18mths ago and hasnt seen his kids since. She has left town with no forwarding address and he is desperate to get access. However, money is an issue, so cant afford the legal costs. Does anyone know how he can get access???
Misty1773: A good friend of mine separated from his partner 18mths ago and hasnt seen his kids since. She has left town with no forwarding address and he is desperate to get access. However, money is an issue, so cant afford the legal costs. Does anyone know how he can get access???
Yep legal aid,They can do a recovery order.Does he pay child support? are there court orders already?awesome71: Yep legal aid,They can do a recovery order.Does he pay child support? are there court orders already?
hi awesome
yes he pays child support and no orders in place, thats what he wants.
He should apply for legal Aid, at least he will get one free consultation. Myself i ended up representing myself in family court has i had no other choice. He should ask Legal Aid for advice on locating his family, whether an application can be made with the Family or Federal Magistrates for location order so the police can then if necessary assist.
Think its paramount he locates her and the kids before commencing access proceedings, therefore he should try to find out if they have been taken out of the country, particular if his partner is other nationality or they all had passports.
Most solicitor will offer one free consultation, but i think from what you have said nearest Legal Aid a.s.a.p
Think its paramount he locates her and the kids before commencing access proceedings, therefore he should try to find out if they have been taken out of the country, particular if his partner is other nationality or they all had passports.
Most solicitor will offer one free consultation, but i think from what you have said nearest Legal Aid a.s.a.p
robplum: He should apply for legal Aid, at least he will get one free consultation. Myself i ended up representing myself in family court has i had no other choice. He should ask Legal Aid for advice on locating his family, whether an application can be made with the Family or Federal Magistrates for location order so the police can then if necessary assist.
Think its paramount he locates her and the kids before commencing access proceedings, therefore he should try to find out if they have been taken out of the country, particular if his partner is other nationality or they all had passports.
Most solicitor will offer one free consultation, but i think from what you have said nearest Legal Aid a.s.a.p
Think its paramount he locates her and the kids before commencing access proceedings, therefore he should try to find out if they have been taken out of the country, particular if his partner is other nationality or they all had passports.
Most solicitor will offer one free consultation, but i think from what you have said nearest Legal Aid a.s.a.p
thanks so much!!! I will pass this along.
He thinks they are in Brisbane (from heresay) but not absolutely sure. And no she is a local girl and her parents are still here but wont tell him where they are.
This is a case of her being the cheater but got caught out and couldnt face the music..its the kids that are suffering
if he has friendly chat with his employer perhaps he could find way to stop paying, she would probably pop up real quick, since my last post u said he is paying then her address is recorded, and possibly already subject to family court order. then if it is then you file a form 16 requestion access and custody orders
Hi Misty , Only 1 parent can get legal aid on custody/access visitation etc at one time unfortunatly for your friend , she has probobly already had a consult with them , If this is the case tell your friend to contact Relationships Australia , They will contact the mother through their own avenue and she will have to attaend a mediation session, during whjich time the access visitation , maintenance and any other issues can be negotiated .If she refuses to attend,which she may well do , Relationship australia can then partition the court on the fathers behalf for access.
The other party is then liable for all costs ....
Tell your friend to go in armed with exactly what he wants and any information regarding her known whereabouts.
All parents have rights.
good luck
The other party is then liable for all costs ....
Tell your friend to go in armed with exactly what he wants and any information regarding her known whereabouts.
All parents have rights.
good luck
kizzy27: Hi Misty , Only 1 parent can get legal aid on custody/access visitation etc at one time unfortunatly for your friend , she has probobly already had a consult with them , If this is the case tell your friend to contact Relationships Australia , They will contact the mother through their own avenue and she will have to attaend a mediation session, during whjich time the access visitation , maintenance and any other issues can be negotiated .If she refuses to attend,which she may well do , Relationship australia can then partition the court on the fathers behalf for access.
The other party is then liable for all costs ....
Tell your friend to go in armed with exactly what he wants and any information regarding her known whereabouts.
All parents have rights.
good luck
The other party is then liable for all costs ....
Tell your friend to go in armed with exactly what he wants and any information regarding her known whereabouts.
All parents have rights.
good luck
OH Thank you so much!!! this may be an answer for him. Her family has money so we doubt she would use legal aid. And to his knowledge she hasnt seen anyone for legal advice as yet.
kizzy27: Hi Misty , Only 1 parent can get legal aid on custody/access visitation etc at one time unfortunatly for your friend , she has probobly already had a consult with them , If this is the case tell your friend to contact Relationships Australia , They will contact the mother through their own avenue and she will have to attaend a mediation session, during whjich time the access visitation , maintenance and any other issues can be negotiated .If she refuses to attend,which she may well do , Relationship australia can then partition the court on the fathers behalf for access.
The other party is then liable for all costs ....
Tell your friend to go in armed with exactly what he wants and any information regarding her known whereabouts.
All parents have rights.
good luck
No that's no correct both parties can get legal aid,it all depends on your income sometimes you may have to pay part of the legal fees.The other party is then liable for all costs ....
Tell your friend to go in armed with exactly what he wants and any information regarding her known whereabouts.
All parents have rights.
good luck
awesome71: No that's no correct both parties can get legal aid,it all depends on your income sometimes you may have to pay part of the legal fees.
thanks mate!!!
wow!!! suddenly there is hope for him. He has given up cause I cant afford a solicitor, but now all these ways I had never heard of are cropping up...
gee he is lucky to have me on his side
When a child goes missing, presumably taken by one parent, the other parent can seek orders that will assist in locating their missing child. These orders may include recovery orders or publication orders.
you can find more information on that family court site
you can find more information on that family court site
robplum: When a child goes missing, presumably taken by one parent, the other parent can seek orders that will assist in locating their missing child. These orders may include recovery orders or publication orders.
you can find more information on that family court site
you can find more information on that family court site
Thank you again for your help!!!
Hey Misty there's some good advice here.. My heart goes out to those kiddies.. 
Twodawgz: Hey Misty there's some good advice here.. My heart goes out to those kiddies..
You really are a good guy dawgz.awesome71: You really are a good guy dawgz.
dude..Twodawgz: dude..
It was just you where the only one that thought of the kids.awesome71: It was just you where the only one that thought of the kids.
If the mother was bright enough she should be thinking the same thing..
Twodawgz: Hey Misty there's some good advice here.. My heart goes out to those kiddies..
yes some great advice which is why I chose to share with you all. Though if anyone would have some answers, it would be the CS crew!!
and yes as I said, its the kids that are suffering...TY
Misty1773: yes some great advice which is why I chose to share with you all. Though if anyone would have some answers, it would be the CS crew!!
and yes as I said, its the kids that are suffering...TY
and yes as I said, its the kids that are suffering...TY
awesome71: No that's no correct both parties can get legal aid,it all depends on your income sometimes you may have to pay part of the legal fees.
If the legal aid office is in the same area only 1 person can get the legal aid as It represents a conflict of interest .seems unfair esspecially when the person in the wrong gets the free legals
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