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NSW Separation from Partner - Can Children Come with Me?

Discussion in 'Family Law Forum' started by minni, 19 May 2015.

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  1. minni

    minni Member

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    How do I leave a relationship and take my three kids with me? My partner is an excessive drinker, very controling, the children are picking up on his bad attitude and temper.

    If I leave (separation), can he take my kids away from me?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Minni,

    Your ex cannot legally take your kids away from you. If he were to go to court to attempt to get full custody of your children, the court would take into account all the circumstances, including any evidence you provide of his behaviour and alcoholism etc. It is only in rare circumstances that a court would deprive the children of access to a parent including in cases of violence or abuse. He may be able to get shared custody however. How old are your children? If they are of a certain age, the court will also consider their preference - of which parent they want to live with.
     
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