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NSW Separation and Custody of Children before Mediation

Discussion in 'Family Law Forum' started by Steve1905, 5 January 2015.

  1. Steve1905

    Steve1905 Well-Known Member

    21 November 2014
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    My partner and I separated on Boxing Day. On the advice of police I have moved out with my 2 elder boys out as they are from a previous relationship. She has broken all immediate contact and her lover, who has moved in has come forward to say he is to be the medium for communication. He is answering my emails to her asking not to contact her and to stop threatening and abusing her. There is no history of violence nor are there any threats or violence during this period. I have had a police interview as they asked for an AVO.

    The police have reviewed the interactions on my phone and saw no cause for an AVO as there are no threats. I have stopped paying rent which has angered them. She is now denying visitation to my 6 year old (custody of children). I am doing everything very peacefully and am being blocked at every turn. The police have offered to witness every time I visit the house to remove more of my stuff as they see these two as trouble and if I'm alone a false accusation will be made. I have taken their advice on this and used them.

    I have booked in for mediation to gain visiting rights but this will take up to 3 months. My boy is very upset and cries over the phone as he misses me. I have now been told I have to buy him his own phone if I wish to contact him. How can I legally get access to my son whilst mediation is in progress?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Well, while ever there are no orders in place, you have access - and residency - whenever you choose.

    Basically, if you collect your son and refuse to return him, you are within your right to do so, and the authorities will be powerless until a court order is made, which is likely many months away and may potentially be in your favour to keep the siblings together.

    If you don't want to do that, you will have to wait for mediation. Just as you can take the child at will, the mother can also keep the child at will.

    I hope this gives you some perspective.
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