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Fathers Rights.

My wife have I have recently become estranged and we have a 2 year old daughter.My wife works and so do I, but there have been times recently I have offered to watch our daughter to spend some time with her because my visitation and communication and interaction with her has been stopped by my wife.  She goes to her grandparents place to be babysat while my wife is at work.  I am a little disillusioned at the rights of fathers when there are no court orders in place and the illegal stuff mothers can pull and hold all the cards so to speak.  I just want to see my daughter and I was wondering if I am within my rights to go to my wifes parents place, even with a police escort and take my daughter.  They have no guardianship rights while I am capable of watching my daughter surely I have the right to take my daughter.  Any information would be appreciated.
On the surface of what you say you have the same rights as the childs mother…none !

The person with the rights is the child…they have the right to grow up knowing both their parents ….the practical difference, however, is that the child is with the mother at present.

With no orders & no other issues relating to child safety etc. the police won't get involved & you'd be foolish to try to forcibly take the child.

First step is mediation & there are many here who can guide you on the process to commence that properly. It's not a quick straight forward process but it is worth it for your own mental health & that of your child.

"I know that you believe you understand what you think I said, but I'm not sure you realise that what you heard is not what I meant."

You definitely have to start with mediation either a Family relationship Centre or a private mediator. If things are not progressing reasonably quickly you can file in the Federal Magistrates Court but a legal practitioner would best handle such an application as you will be applying without a 60I certificate.

Executive Secretary - Shared Parenting Council of Australia
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