overnight access

[DeDe]

Hi everyone,

Can anyone tell me if I am legally obligated to allow my sons father to have him overnight. At what age does the law say it is appropriate to allow him to stay away from home overnight? At the moment he is only 16 months old and his father is subtly pressuring me to hand him over. What happens if I say "not yet"? Can he do anything? I don't believe he is responsible and accountable as a parent because he has allowed our son to do things that are dangerous and just plain irresponsible!

Can I get free legal advice anywhere?

Thanx
DeDe

[tanni_83]

i guess it depends on what 'orders' you have in place for custody of your son...

if you dont have any, it might be best to call legal aid, as if there are no legal orders in place, i dont think there is a 'right' age for it.

but just be sure to check with a professional first :thumbsup:

[Chanelc]

Hi dede,

When I saw the lawyer he said there was no set guidelines as to the hours - it depends on reaching an agreement between two parties. As there is the 50/50 rule except where there are exempted circumstances..

You can call

* Legal aid office
* Community Legal Centre
* Private Law firm (they charge)

Family Law (thanks to my solicitors brochure)
Step 1 - participate in dispute resolution services www.familyrelationships.com.au (http://www.familyrelationships.com.au)

Step 2 - Dispute resolution unsuccessful write to other parties setting out their claim and proceed with legal eagles

NB.exmptions apply for certain circumstances


You know what I am going through and **** the mother in law now wants Chanel during the day - and making comments that day care affects children - they suffer abandonment issues - but it was ok for them to send their son to day care!! **** them!!!! Very angry

[Femme-Fetale]

If there are no orders in place u dont have to hand over your son at all.

If u want protection from him going further, and for your child and your own safety, then yes, follow the things the others have said.

The thing is, right now, he can take your bub if given the chance, but as long as he is not given the chance-all good.

Ive lived this and am only NOW taking action!

let me know if u want more details, im not willing to say much on a public forum!

[Mummaof2]

If there are no legal arrangements in place you have no obligation to let your ex have DS overnight or at all. Age doesnt matter. But on the other hand and I dont want to scare you if there are no legal arrangements or court orders in place and your ex takes him for a few hours or a day then he has no obligation to bring him back.

If you are concerned try and explain to him that with DS being a young age you would be more comfortable if you met at a mutual place and that you stayed while he spent time with DS and in case anything happens to him, ie gets a fever. If he doesnt agree to this then kindly tell him that if he wants access then he will have to go through the courts.

Legal Aid charge on a Means Test method so depending on your financial situation. My brother needed legal help a while ago and because he was receiving centrelink benefits he didnt have to pay anything. Legal Aid NSW have a Means Test calculator so you can see if your entitled to legal aid.
This is the link;

http://lacextra.legalaid.nsw.gov.au/meanstest/

You can also ring Legal Aid on 1300 888 529 for advice over the phone.

I hope this helps in some small way

[Femme-Fetale]

If there are no legal arrangements in place you have no obligation to let your ex have DS overnight or at all. Age doesnt matter. But on the other hand and I dont want to scare you if there are no legal arrangements or court orders in place and your ex takes him for a few hours or a day then he has no obligation to bring him back.
Thats wat i wanted to get across! pls... talk to someone here who has posted and knows! It could very well save u an 'issue'

Also it only takes 5 mins alone for him to do a runner
my ex is a flight risk so im very up to speed with that stuff!

[Lunar]

I spoke to legal aide about this years ago, and if they are under the age of 2 they do not have to have o/night access if you don't want.

As others have said, if there are no orders in place then you don't have to do anything.

If you don't want your BABY (cos he still is a bub) to be away from you (his primary care giver) for such a long period then you don't have to give him up.

Please speak to someone about this. Get in before your ex does, state what you want and don't want. It is a lot easier if there are oders in place for this.

[OneBabyBoy]

Hi DeDe

If you do not want your DS to stay overnight with his father just say no.
If he really really wants to have his son overnight he might take it to court.
But if he does take it that far your DS is far too young at the moment anyway.
There is no way I would ever let my DS stay overnight with his father without me. He is too irresponsible, I don't trust him to look after my child.
Good luck DeDe let us know how you go :hugs:

[DeDe]

A big thank you to everyone who has replied to my questions. I will call legal aid to get all the info.
De

[Femme-Fetale]

Good Luck Dede, let us know how u go. And stand firm hun!