QLD Family Law - Lawyers Acting on Behalf of Kids?

[PinkPanther99]

This relates specifically to kids who have specified that they want to live with the non-custodial parent, but the custodial parent has bullied them into staying with them. To the point where the kids are depressed and too scared to even talk about it to the non-custodial parent they really want to live with. Do the kids have any rights here under family law or do they just have to toe custodial parent's line?

Ages of children: 16 and nine.

 

[sammy01]

Do you already have court orders?

 

[PinkPanther99]

There are no court orders in place with relation to this specific situation. Non-custodial parent is interstate from the children and their custodial parent.

 

[sammy01]

Then apply for court orders for the the kids to live with you. Easy. You'll have to attempt mediation first. But that is free or almost free with Relationships Australia.

 

[CSFLW]

Please explain what you mean by 'non-custodial parent'.

The Family Law Act has provisions to allow children to spend time or live with people other than the biological parents.

 

[PinkPanther99]

Okay, the mother has 100% custody of the children. When she allows it, the kids will travel - at our expense - by airplane to stay a short time over the holidays with us. So my fiance, is the biological dad to the kids and also the non-custodial parent. His ex, the mother has the kids full time. We live interstate to the mother and the kids.

 

[sammy01]

who moved away? how long ago?

 

[PinkPanther99]

Dad did and almost one year ago.

 

[sammy01]

Your best bet is to move back to near mum and apply for 50/50

 

[PinkPanther99]

No, we'll never do that. We love where we live.