My aprtner is trying to keep my children from me, we live in the same town but recenlty found out she is pulling the kids out of school and moving an hour away to be with ther boyfriend,m i have tried for months to get weekends to see my children but she always has an excuse, what are the chances if we take it to court that i will get to see them every weekend?
I am presuming that you have not had any orders from the court in the past.
The first step for you is to attempt mediation with your children's other parent. It is actually the children, and not the parents that have the rights.
The family law act provides for children to have the right to have a meaningful relationship with both parents.
In regard to every weekend, it would be unlikely for a court to order this. "Substantial and significant time with" is designed to ensure that the parent with the lesser care gets to take part in the child's daily routine, both weekdays for events such as school etc and weekends. Additionally, it would be a little unfair to the children if the only time they were to spend with their other parent were school days.
If there are no current orders in regard to parental responsibility the presumption is that both parents have equal shared responsibility for major long term decisions affecting the children. Major long term issues include the health, education, name of the children. It can also include matters of relocation, if the distance is going to impede the ability of either the children or their parent to spend time with them. In regard to the change of school, if there are no current orders, or if the current orders grant shared parental responsibility, then the other parent would be required to have your agreement for such.
Mediation is the starting point, but there are ways that you can apply to the court for an order to stop the relocation whilst you go through the process. If this is required I would advise contacting your local Community Legal Centre, who will be able to provide some free, (or in the least low cost) legal advice for you.
A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.