My son has been separated from his wife for 4 years. To date they have agreed to split the caring of their two children (aged 14 an 11) 50/50 and this has worked. There are no court child custody orders in place. Recently she has moved location and threatened to have the children 100% of the time. He and the children wish the current situation of 50/50 to remain. He does not want to go to court at this stage. What action can he take? And can she have the children 100% without a court order?
In the absence of any formal Family Court Order or DVO
Yes the mother could just move and withhold the children and there is nothing your son will be able to do about it without a piece of paper from a court.
Is this nice, no. Will the police do anything about it without a court Order, no.
What is her motivation to now threaten to withhold the children after 4 years of 50/50 has the mother moved very far away?
Yes the mother could just move and withhold the children and there is nothing your son will be able to do about it without a piece of paper from a court.
Is this nice, no. Will the police do anything about it without a court Order, no.
What is her motivation to now threaten to withhold the children after 4 years of 50/50 has the mother moved very far away?
ok - so relax... if this doesn't impact on change over locatons? I'm guessing it doesn't? then he can continue with the current routine. Dont engage in arguments. Just explain that he will be continuing with the current situation. If she continues to threaten 100% care then I'd suggest you ask her to apply to court for that to happen and until that does happen things stay as is...
Good advice..
At those ages,(11 & 14) kids wishes will be given significant weight ... Also probably 2 years to get a result & plenty of $$$$$$ .... I would recommend only going that route ( as a self rep) as a very last resort, a DIY initiating application will get the ball rolling for minimum $ & compel her to respond..
Not good advice
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