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Need legal advice

Selena09
Community Member

I would like to leave my partner of about 2 years because things are not the same anymore. Sounds easy to just up and leave, only thing is we have a 5 month old son together and he says if I leave I’m not taking our son. Being a first time mum, I hate letting my baby out of my sight so it would kill me leaving him altogether. I don’t get a say in what happens with baby although he is in my care 100%, my partner barely sees him because he works night shift then sleeps all day while I am being a mum, cooking and cleaning all day.

So I need some advice on legal advice because I wouldn’t have a clue where to start and how to go about it. Things like finding a lawyer, what are the costs, how long does it go on for..

since I am the stay at home mum, I don’t have the steady solid income my partner has so money is a big problem for me. Also I don’t have a licence so getting to a lawyer is an issue because I live in a small town with hardly anything here.

I am desperate to get out of here so any helpful response is appreciated.

3 Replies 3

romantic_thi3f
Blue Voices Member
Blue Voices Member

Hi Selena09,

Welcome to the forums and thanks for joining us. I'm glad that you're here and hopefully we can be off some help!

I'm not too familiar with lawyers, but what I did find is this -

https://www.familyrelationships.gov.au/parenting/children-family-law

which directs to here -

https://www.familyrelationships.gov.au/legal-advice

There is a family relationships legal advice line - 1800 050 321. They're aimed at helping families and assisting separation. They can give you a better idea about what the laws are and also refer you on to other services. This might be the best place to start!

Hope this helps,

itselsie
Community Member

Hi Selena,

Sorry to hear about this.

I'm not a lawyer or anything but I've had a google and looked at resources that are available. What free legal services are available to you will depend on where you live. The above recommendations are great.

You could also consider:

  • Communuty legal centres
  • Women's Legal Centres
  • Legal Aid Advice Line (changes by state)
  • Australian Pro Bono Legal Service
  • Family Court website

Before you access these services I'd try and think about what exactly you need from a lawyer for example advice about custody, shared property, child support etc. If you can identify your key concerns I think these services would be really helpful.

Also, relationship counselling could be something you could look in to if the changes in your relationship have arisen since your son arrived- that can be a massive adjustment and change family dynamics so thats something else you could consider. Of course you have to pick the option best for you, your partner and your son but I thought I'd just mention it.

Good luck with everything and congrats on your new addition. 🙂

Elsie

Brad49
Community Member

Going through a seperation myself so i know some legal aspects...

There's no such thing as joint custody or sole custody its about who has what percentage of care.Custody of the child is shared between both parents even when divorced.If you want to share care of your child i suggest obtaining a Consent order or Try mediation to get a arrangement in place . Child support is based on the percentage of care you have. once you are separated you should be able to get a Single Parenting payment from centrelink.