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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46278
Experience:  24 years experience. Admitted in New South Wales and the UK.
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Good day, A Family Law (Queensland) question: The mother of

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Good day, A Family Law (Queensland) question: The mother of an 8 year old child has agreed custody of a child and the father has not paid agreed maintenance for the child for many months (owes the mother $000's) and for months has not collected the child
for agreed fortnightly week-end visits. He neglected to call or see the child on his recent birthday. What is the position if the mother passes away? Would it be feasible for the mother to nominate in her will that the father will NOT get custody and that
the child's grandparents on the mothers side will get custody. I look forward to your response. Regards, Bernard
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.The law is the same in all states for family law. The law, by default, gives custody to the parent that survives if the other passes away. Having said that if the father does not have any contact with the child, the mother can nominate a grandparent, but if the father then tries to take the child, the grandparent will have to take the matter to the Family Court and seek orders. The mother should make sure that they provide a detailed statement or affidavit to explain why she has nominated the grandparents and set out a history of the contact the time the child spends with the father. At the time the child reaches the age of*****will take their wishes into consideration. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
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