hi guys ,

i have let him know all the stuff here and he is planning to come home to nsw . but last night the shock of it all become very strong he is very down atm so i am giving him all the support he needs . i will keep everyone posted on his progress but he said to say a big thank you for all your help and that he appreciates it very much

thank you all again very  much

Had to re read the bottom part.  So, she has given him custody then?  It says that he and the kid are being kicked out tomorrow, which would suggest she has.

If that is the case, then he can take the child to WA if he wanted to, so NSW is no problem.

As the safety of the child is the most important thing here, he should just act and deal with legal issues after.  He can't be charged with kidnapping or any such because the child is his and they had been cohabitating.

Tell your friend to do what he needs to do, and if that is move back to NSW where he has family and friends to support him and his child, then that is the best option.

ps.  I'm basically just writing what Les is saying, as he is too slack to log in and answer himself!  rofl  His actual advice was to get out of there NOW, before she changes her mind.

Having been through a short seperation recently, I contacted legal aid and spoke to them about this matter. Plz keep in the mind the situations are somewhat different. I was informed that  either parent may remove the child from the normal living arrangement so long as the other parent has the contact details to the first parent and that they still have regular access to that child. Your friend moving back to nsw may not be able to remove the child under that circumstance alone as the travel would make it complicated for mother to see. In saying that of course is also another statement which basically says that the best interest of the child is kept at mind. If he can indeed prove that his ex allows ppl to come to her house high on meth or even smoke meth at the actual home, is clearly not in the best interest of the child and I'm sure the authorities would certainly side with the father, your friend! The best he thing he can do is find somewhere temporary to stay, even if it be a mens shelter, seek legal advice and remove him and his daughter under their instruction and then go back to NSW and start from scratch, of course being completely honest the who;e time, attending any essential meetings and so forth and be seen as trying to come to an agreement which meets everyones needs, including that of his daughter.

I am fairly sure that he can go back to his family in NSW as long as the mother knows where he is and has his contact details. Maybe he should write it down copy it give it to her, and possibly also the police or dept of human service or both.  I'm sure these depts would rather the child be safe and in a good home then homeless or subject to drugs.  It's not like he's trying to leave the country.

Wish him the best.

 As long as there are no court orders in place either parent has a right to keep the child. I would be seeking legal advice tho and either before leaving VIC or when arriving in NSW be seeking an interim residency order, and also arranging for the mother to have visitation as he must remember that the child will still need both parents in his his life.

Family Relationships Online;

There is a wide range of services available to help families to build better relationships or to help deal with separation. Listed below are the services available:

• Education and Skills Training
• Counselling
• Family Dispute Resolution
• Children’s Contact Services
• Parenting Orders Program
• Post Separation Cooperative Parenting
• Supporting Children After Separation Program
• Other Family Relationship Services
• Family Relationship Advice Line
• Searching for services relevant to your individual needs

Freecall 1800 050 321