Have a question I have a question. None. Queensland, but my kids are in New South Wales. Connect me plese please*

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Customer: Hi have a question I have a question
JA: What steps have you taken? Have you filed any papers in family court?
Customer: none
JA: Family law varies by state. What state are you in?
Customer: Queensland, but my kids are in New South Wales
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: connect me plese please*
Answered by John Melis in 5 mins 5 months ago
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John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

Can you tell me a little more about it, please?

Customer
I would like to get full custody of my kids. I haven't had my kids in my care because my ex partner had threatened me so many times about the kids back then I felt helpless to even try at the time. I had a DV against him a while ago and a few days later when i tried to come up to brisbane from NSW there was incident that happened where I had no choice at the time while at the airport but leave by myself without the kids having felt unsafe.
Customer
My kids have explained to me the assaults their Aunt and their Uncle have been doing against them
Customer
While their dad is at work. Unfortunately because their father does not have his own place. I would like to take the kids cause ideally with what my kids have been saying, I cannot leave my kids with someone that doesn't properly take care of them.
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John Melis, Expert

You can you can raise a claim with the court straight away for a protection order of the children.
Customer
Can I ask how please? because were in different states
Customer
I also wanted to know because there is no legal court order in place for the care of my kids. Am I able to take the kids away while I make the claims?
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John Melis, Expert

If there are no parenting orders you can look after your children.
Customer
if police get involved, most likely because he will call the police saying his sons have been taken. How can I explain to the police that my kids have explains the assaults against them from their Aunt and Uncle and not have them taken back to their father
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John Melis, Expert

If you have concerns for the safety of your children, put a restraining order in place. That will resolve both issues.
Customer
Having no court order in place. I should okay right?
Customer
Can I do that from here in Qld
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John Melis, Expert

If there is no court order in place you can look after your children. However it could also go against you where the other parent falls application into the court and states in their affidavit that you refused to return the children back to the principal place of residence.
Customer
I wouldn't like my kids go back to their father. The kids are with my parents at the moment. My parents have explained my kids cry endlessly about leaving but never knew why until now.
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John Melis, Expert

You may apply for a restraining order to protect your children.Restraining orders apply to various matters; such as violence, psychological abuse, financial abuse, verbal abuse, or an imminent fear of violence, or where children hear or witness the same.The restraining order may:a. Prohibit a person committing violence against another person.b. Exclude a person from the victim’s residence.c. Restrict a person’s access to any premises or specified are, such as the workplace.d. Prohibit a person from contacting another person associated with the victim.e. Require a person to do something, like attend counselling.f. Direct person to use a specific property.g. To stop stalking, intimidation or harassing conduct.If you need a restraining order, you may attend your local police station, and they will determine if an order will be issued.You may make an application at the local Court for a restraining order where the police do not issue one.
Customer
What are the differences between the police and court issuing a restraining order and which will likely be faster?
Customer
more effective?
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John Melis, Expert

In your particular matter from what you have describe the court would be appropriate for him to apply for the restraining order. The police state based and deal with immediate matters. Your situation is that the child is with you at the present time and therefore it will be more appropriate to take the matter before the court.
Customer
Okay I would know he wouldn't likely not do it because they are his family memebers.
Customer
I would like to put the restraining order against them
Customer
but it leaves them (The kids father and kids) with no where to go.
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John Melis, Expert

If you want to put a restraining order against the other party fallen application in the court.

It was my pleasure to help you today, and I thank you for chatting with me.

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John Melis, Expert

I hope this message finds you well.

Just recapping your circumstance, appreciate you like to get full custody of the children. In order to move forward with full custody, we have to commence proceedings in the family court. However, you could potentially negotiate this without the family court with the assistance of your lawyer through dispute resolution mediation. It is worth considering this option if you have not done so already.

It was my pleasure to help you today, and I thank you for chatting with me. If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

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