Family

Court Reverses Decision On Child Coming Back To Australia

Posted by on Nov 23, 2018 in Family, Law, Service, Tips | Comments Off on Court Reverses Decision On Child Coming Back To Australia

Court Reverses Decision On Child Coming Back To Australia

One of the most recent cases child custody lawyers in Melbourne are keeping up with is that of a mother taking her child to New Zealand without the consent of the father. The mother tried to convince Australia’s High Court that her child who is only three years old will be put to harm and will be subjected to intolerable situation if they are mandated to go back to Australia from New Zealand where they ran away.

The Family Court originally agreed that the child should not be forced to come back to Australia but this decision was overturned by the Justice Simon France of Wellington’s High Court when he allowed the father to appeal against the previous decision. Aside from the child, the father has three other kids.

According to the family court, the mother has pleaded that the child will be put at risk if they come back to Australia thus the decision. If proven otherwise, the child will be ordered to return. It was established that the relationship of the mother and the father has always been problematic. After meeting in 2013, they moved in together and got pregnant thereafter.

The mother claimed that the father taught her how to use drugs and meth became their daily vice. They were both convicted due to violence while the mother is an alcoholic. It was last year when the mother, born and raised in New Zealand, decided to bring the child to her home country. The mother and child were able to escape because the father was then in custody for violence which is against the Family Violence Order.

Justice France believed that the Family Court made an error when they sided on the mother’s fear that the child will be put at risk if they go back to Australia. Even those who offer their services as child custody lawyers in Melbourne agree with the decision to allow the father to file an appeal. The mother, on her part, can file a case at the Australian court to relocate in New Zealand with the child.

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