by Phee_88  16/11/2012  289 Page Views
10 Comments  Family & de facto law, financial agreements, consent orders
I have a question on behalf of my new partner.

His son, was left with his ex-wife for the continuity of his schooling, at the end of this year he will be completing Yr 6 and my partner wants to take back care of his son.

His ex-wife (not currently divorced) has never adopted the child and is not his biological mother.
She has restricted all access to this child and also another child of the relationship my partner sees his son by going to the school regularly and having contact during lunch time.

The child is here in Australia as a dependant on the visa which my partner is holding and the ex has kept and hidden my partner birth certificate and the passport of the child.
My partner is planning on moving interstate for work and wants to have the child living with him from the end of the year as he will be in High School next year.
If my partner was to collect his son from school on the last day of the year and arrange to move interstate with him. Would his ex have any legal grounds to stop this from occurring? Also, would we be able to gain police assistance regarding any of the above?

There are welfare concerns for the other child as well but this is another case which will be dealt with once we have the above sorted.