Children's ages 16 and 14

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mark Davis

Active Member
18 December 2014
8
0
31
Hi, My wife and 2 children and myself are still living under the same roof. My wife wants to move out and take the 2 children, my children's ages are 16 and 14. I want to stop the move as this has not been sorted out. There are no problems with violence, alcohol, gambling, drugs, abuse, addiction or any other threat. Do I have any avenues to follow. I believe my children have rights here but my wife keeps talking over me. Thank you
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Refuse to discuss it with wife, tell her that she should not be discussing it with the children... Organise mediation. Call relationships australia

OR - look if she is telling the kids that they have to move out with her... I would suggest at their ages you could let them know that you do not want them to move...See what they want... Be a reasonable person. The kids will appreciate that.... This thing is going to hurt them... My advice is not based on any legal principle... just life experience.

So if wifey talks over the top of you... Don't talk to her... Write to her... If she is telling the kids they have to leave... Tell them they don't and that perhaps they could do week about. Or they are welcome to stay with you and visit mum at weekends...

Look at 144 and 16 the courts will most likey let them stay with who ever they choose unless there are grounds to refuse, such as domestic violence etc
 

Mark Davis

Active Member
18 December 2014
8
0
31
Hi Sammy01, I agree. I sent my wife an email last night outlining that I don't give my permission for her to take the children away from the family home until mediation is organised. I also wrote that there will be no more discussion in front of the children.
I did also express strongly that I have rights as a father and if she did start to move with the children I would call the police and recover the children.

The email has calmed the situation and I think acts as a record of the events.

Thank you