My sister is trying to get away from her boyfriend. He is a abusive so n so. He won't let her go. They have a 1 year old son together. Can she just get her son and do a runner or would she get and trouble for doing that?
If there is no parenting agreement registered with the Family Court she can. However, that said, he has equal custodial rights too if that is the case.
If she is scared of him and he has threatened her or been recently violent or abusive, my advice would be that she seeks an AVO through the local magistrate's court.
This can include the child.
However, for a more permanent solution she would need to go to Family Court. She needs to keep in mind though that unless the violence is pretty extreme (and proven independently) it is likely her ex will still have contact and shared responsibility for the child.
I agree on the diary, make sure everything is dated. She can do a runner and take bubs as long as like others said there are no custody arrangements in place. Wishing her luck
Unless there are court orders stating she can't take her son away without the fathers permission etc then she most certainly can do a runner. I moved my kids away from my ex and he had no say in it. It was the best decision for my children.
I hope your sister is okay and things start looking up for her real soon
I'm assume they are together, so there are not legal custody orders set up. If this is the case, she is well within her legal rights to just pick the child up and leave.
My suggestion tho, would to get in contact with the police before hand and start the process of a AVO, that way they will be aware, also as soon as she leaves, start the custody.
Also before she leaves tell her to take some important documents from the house, birth cert etc, as she properly won't be able to get them afterwards.
I hope your sister is okay.
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Can she do this? Advice please
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