If no court order???? is he required to give her back???

Question

Me and my ex of 6 years have split.. So who has custody if no court orders ( I live in Australia). My daughter is 7 and he has only just received her 4 days ago for the school holidays.. Does he have to give her back???

Answer 1

if he doesnt give her back then u could go to court and it is usual for the parent who has had main care to keep the main care of the child .  if u have split how come no court order u should have one to protect yrself.

Answer 2

No.  If he doesn't give her back, you will have to fight him for custody.  Good luck though, they don't like to take children away from the home they are in if it is stable.

Answer 3

If there's no court order then it's whatever you have decided amongst yourselves.  He could potentially take her and not give her back, because there's nothing that says he has to.  I would definately get a court order ASAP for custody so you have legal backup.

Answer 4

nope.  he's got just as much parental right as you do.  

ALWAYS get a court order when parents split - never rely on good will and amicability because if things go sour, the kids are too often used as weapons.