NSW how to gain visitation after being incarcerated ?

Discussion in 'Family Law Forum' started by lostminds98, 14 August 2019.

  1. lostminds98

    lostminds98 Member

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    my partner is currently incarcerated but is hoping to gain some kind of visitation of his children once he gets out, there is a current avo between him and his ex partner (the mother of the kids) just wondering how to go about this ? and who or what organisation to talk to ?
     
  2. Atticus

    Atticus Well-Known Member

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    The starting point for all matters concerning children (where no agreement exists) is mediation.. It's actually mandatory to attempt mediation before a parent can file for parenting orders with the court.... Not going to be possible until dad is released, & it's also up to the mediator if they will take it on at all as there is an AVO in place...

    First step is to call Relationships Australia or another accredited mediator & have a chat about the circumstances & take it from there
     
  3. hshkara

    hshkara Well-Known Member

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    The process for someone who is incarcerated and for someone who is not is the same.

    If there is an AVO in place, then you will not be able to go through the step of mediation.

    You will need to attempt to reach an agreement with the mother of the children through a solicitor or else file an application in the federal circuit court for the father to spend time with the children.

    Fathers Rights after Separation - Is Primary Custody Possible?
     
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