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QLD No Family Court Orders in Place - Can Son Live with Me?

Discussion in 'Family Law Forum' started by MrMacGregor, 18 March 2016.

  1. MrMacGregor

    MrMacGregor Member

    18 March 2016
    Likes Received:
    Hi, I have a question that I'm in the hope there is a good answer. My son who lives with his mother has been contacting me over the past year telling me of alleged physical and mental abuse from her partner. Over this time, I have contacted my ex-partner and tried talking this out, however, she has shrugged it off like it's nothing and she has been telling me not to worry and more recently has severed all contact at all.

    I have three other children from this relationship and my ex-partner has stopped them from contacting me for several years now, for reasons unknown to me.

    My son has been telling me of the consistent taunting and bullying from my Ex's partner to the point where he has gone to school bruised and afraid. He has contacted the school social workers and nothing has been done. He has contacted the police, and nothing has been done. He even contacted DOCS and still nothing has been done.

    This morning my son contacted me via Facebook messenger video and has told me he is not going home as he is terrified and he begged me to come and pick him up, unfortunately, I live in Western Australia and he is in Queensland. I was given an ultimatum by him that he is going to run away and sleep in a park or hitch hike to Perth, as he has been contacting me regularly about this. I have taken his threats very seriously.

    I have contacted my oldest son ( to a prior relationship ) in QLD and he is 21, and he has picked him up and taken him away to safety at his home some 50km away.

    There are no family court orders in place as to custody of children and now I am at a standstill.

    He is 14 years old and has expressed very deeply his desire to not go back to his mother's house. Am I within my rights under Family Law to bring him to Western Australia to live with me?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    If there are no court orders in place, then yes, you can bring your son to live with you in Western Australia.

    Consequences are that the mother may file for a recovery order, but children above the age of 12 have their opinions given significant weight by the court, so if the child is adamant and genuine that he doesn't want to live with his mother, you stand a very good chance of having the application dismissed, if she brings one at all.

    You should also contact DHS yourself and express your concerns for your son and the other three children, as well.
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