Legal Question in Family Law in Australia

I have a legal custody agreement with my daughters father, she is 8 though is frightened of him and doesnt want to go with him anymore. Do i have to let her go as there are legal doccuments with his visitation rights or can i withold her as she does not want to go?


Asked on 11/10/10, 6:55 am

1 Answer from Attorneys
Bruce Provan Harrington Family Lawyers

The court order must be complied with unless you have a reasonable excuse for contravening the order. You have a reasonable excuse if you believe on reasonable grounds that to do would be necessary to protect the health or safety of you or your daughter. The best advice I can give you is to consult a lawyer about making an application to court to have the order changed. You can't stop her from seeing her father just because she doesn't want to go.

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Answered on 11/16/10, 9:55 pm


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