LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NT Custody of Children - Police can Help Remove Son from Ex?

Discussion in 'Family Law Forum' started by Rach74, 20 July 2015.

  1. Rach74

    Rach74 Member

    Joined:
    20 July 2015
    Messages:
    2
    Likes Received:
    0
    Hello, I am currently in the process of getting a family court orders in place for custody of my 4 year old boy ( custody of children). I have been told than in the meantime I am able to go to my ex's house with police for a stand by and ask my son if he wants to come with me and if he does the police will be able to remove him from his dad's care since he took him from his day care lady last week. Can I do this?

    Thank you for your assistance.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    No, you can't do that. Aside from the fact that state police cannot force the removal of a child from a parent who has shared parental responsibility, you would also be questioned about your capacity to meet your child's best interests as part of your proceedings
     
  3. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Apologies, the above post was made prior to completion.

    State police have no jurisdiction in family law matters, which are governed by federal legislation. Thus, only federal police can intervene, but only if ordered by the court to do so. However, police do serve the purpose of keeping the peace, and it's best not to disturb the peace, particularly if it risks exposing your child to conflict.

    Remember that your child has a right to have a relationship with both parents. If you intervene on that right, it will come back on you in court. It's a common outcome that parents who refuse to support or encourage the child's relationship with the other parent will have the child removed from their care.

    I suggest attending a child consultation with Relationships Australia to get professional insight about putting your child's needs first. Not doing so may damage your case.
     
  4. Rach74

    Rach74 Member

    Joined:
    20 July 2015
    Messages:
    2
    Likes Received:
    0

    I have been to Relationships Australia they have deemed it inappropriate and need to go through the family court. I am currently waiting for Legal Aid to approve my application. I am not taking my exes rights away I believe he needs both parents and that is why I am going through the appropriate channels.

    Thank you for your reply.
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Not a problem. Just to clarify, only your child has legal rights, not you or the father in relation to the child, under s 60B of the Family Law Act 1975, thus it is your child's rights to know, spend time and communicate with both parents that the court will seek to uphold. It's a common misconception that parents have rights, however this is no longer the case in Australia.

    Good luck.
     

Share This Page

Loading...