NSW Recovery Order

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

familynfriends

Well-Known Member
15 April 2020
57
2
199
Joint Practice Direction 1 of 2021 - The COVID-19 List - Family Court of Australia

Is this going to help speed up my recovery order?
My initial application was marked as urgent and I also have an AVO that is still in place with more events reported to police since AVO was made final but no breaches

Also, I'd like to say to everyone that has responded so far.... That none of you have made any remarks about the psychological effects this will have on the children in the long term, yes they may be with their father but that does not mean they are not suffering from not having any physical contact with their mum for almost 4 weeks now.
They are 4-year-olds not are older children or teenagers who can understand what is happening. and it is becoming more distressing every time I speak to the girls as they do not understand why they can not come home and continually ask when they can come home and if I say one wrong thing (i am not and would not say anything to purposely upset the girls) then my ex-partner who does not leave them for a second when I'm speaking to them shuts down the call if he thinks I'm asking them something to gather evidence or find out where he may be a simple question of what have you been doing today can shut down communication it is ridiculous!
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Hey, probably a bad idea to criticise the same nice folk you're hitting up for advice.

I do think if you read back you'll find we have all agreed what dad has done is stupid and wrong... Clearly that is us expressing that this is not the best thing for the kids. So keep criticising the nice people who are helping you.

So I read that Joint Practice Direction 1 of 2021 - The COVID-19 List - Family Court of Australia . Is it gonna help you? nope. Not unless you can establish that the choice of the father to keep the kids is because of Covid.

You have my sympathies. But right now your best bet is to hold out till court in a few weeks
 

familynfriends

Well-Known Member
15 April 2020
57
2
199
But we have a history of family violence which has had more incidents since COVID19 started I would think it would be worth a try
 

familynfriends

Well-Known Member
15 April 2020
57
2
199
I'm sorry for the harsh remarks but nothing was directly said about how the girls would be feeling about the situation their father has made a choice to put them into.
Also, I'm into week 4 of this and it's heartbreaking to see your children so upset and their father choose to ignore their feeling for his own and still has not even obtained any legal advice
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Sorry no .... This is an updated JPD .... There was also a similar one in place when you applied for your urgent recovery order.... I'm sure your lawyer would have made use of that JPD at the time if it had any relevance.
Also, I'd like to say to everyone that has responded so far.... That none of you have made any remarks about the psychological effects this will have on the children in the long term, yes they may be with their father but that does not mean they are not suffering from not having any physical contact with their mum for almost 4 weeks now.
Nobody here can say how this may be affecting the kids.... I think all that have responded though have had their kids withheld from them though for varying periods, & without good reason, so I think it's safe to say, we understand your anxiety & how traumatic it is for a parent to have their kids withheld... At least you are allowed some contact with them, & you have had the police around there to do welfare checks...

Can only repeat that there is no reason to believe the kids won't be returned to your primary care after court.. Lucky for you, there is a court date set in weeks instead of months, or having to take the other parent to mediation before you can even apply to court (could be years) ... that is unfortunately the position of most parents who don't have orders & are shut out of their kids lives... It could be so much worse.

In the meantime, I hope you are putting some thought into what final orders you are proposing for court should you be asked.
 

familynfriends

Well-Known Member
15 April 2020
57
2
199
In the meantime, I hope you are putting some thought into what final orders you are proposing for court should you be asked.
Final order need to be sent in with recovery order, affidavit ,notice of risk and interim orders and while they can be changed at a later date I will very much be sticking to my guns with the final orders I have requested, as I have already negotiated my ex-partner has not negotiated at all
 
  • Like
Reactions: cinnamon

cinnamon

Well-Known Member
12 October 2020
48
2
124
Let me ask both of you if I was a man writing this would you have a different perspective?? and be honest
He was happy with the 2 nights a week when offered and yes I said No to camping but do I not get time with my kids before Christmas?
It was his year to have Christmas and New years and he also has their birthday in February......So why is it that I am the one being unfair? I wanted till the 23rd he had all the other days and also he had agreed earlier and knew this so if there was a problem it should have been brought up earlier
Also, you both pointed out that people fight and disagree and that's going to happen so is it me or him that has to cave, and do I have to cave every time, or does he have to cave too?
My house is very open to him and no his not restricted I want him to be part of his children's lives, but at some point, there has to be limits and privacy for both of us
and if your child or children were not returned and only spoke to you via a zoom/skype call for 2 months no seeing them face to face or hugging them or reading them a book before bed kissing them goodnight wouldn't you be upset?? should I just be grateful I'm getting a call and shut up? Would you just think oh well at least there with the other parent?? I don't think you would be
If he would have picked up the phone and talked to me or even called in and said he wanted to have a chat and communicate with me and asked me what was going on and if what the girls had told him was true then this could have been worked out but instead, he decided to keep our children from me at Christmas time....If this was the best choice he could make and you both think this is ok then wow!!
I am not perfect as parents we all make mistakes but I don't think the decision he made was the right action at all and for all my trying to maintain and keep his role in our children lives a very big role because it definitely is very important for little girls to have their dad around them I feel like he has totally disrespected my role in their lives and cut me off as much as he can
I miss my girls I want to hold them and kiss them goodnight as much as he does but this is not the right way to go about it at all !!
And I asked for some advice on what to expect in court not to be judged by people and their opinions but I actually wanted facts on what had happened in similar situations/cases but thanks for your brutal honesty !! It's dually noted
I have been reading this thread and from what I can see is that your former partner definitely suffers from ineffectively communicating with you. It's frustrating when we as parents simply cannot find an efficient communication medium, though I tend to remind myself that I divorced this person not because of our "GREAT" communication skills. So the challenge (and over time you won't see it as a challenge) will be there indefinitely. You can decide on how you are going to allow this to affect you and keep in mind that these petty decisions (from your ex and you will recognize your own too) will make no difference in the bigger scheme of things. This will become just another dull memory on your separation/ divorce journey and add to that drained look you carry around with you everyday.

Well, less is more. Not more words/ intentions but better success. Now how to achieve this? Think as if the situation was reversed. If my ex hates me (he does), then he probably doesn't want to hear from me unless necessary. The ex enjoys his job and living a child-free responsible life, so I tend to keep my communication concise. The children are the ones that win in the end, since they have a relationship with their father and mother. I don't win, he doesn't win, we sacrifice in different ways. Now, don't think me and my ex are amicable, but during the course of time of continuing being in court gives you more perspective. I don't like to communicate with my ex, though I update and inform him on the necessities regarding the children. For example I let health professionals write reports and forward or directly communicate any information to the ex. I don't open doors for more communications or open ended conversations, since it looks like a Shakespeare novel then on his account and I don't engage in literature that doesn't makes sense to my simplistic brain :). I don't ask or try to "dictate" (as he would previously call it) apart from following court orders. We parallel parent as they call it, not co-parent. What I do on my time, I do and he the same and off we go in our very different directions.

In court, he truth will reveal itself and it always does, but it requires a lot of patience and money. So if you still want to retire early, then best stay out of court. Keep clear record of all that has happened and also don't have record in case YOU might be reacting insanely. The way you represent yourself now, will reflect on you as how you deal with high conflict. So best measure is to remain calm (f**k that is hard, but I know it's your only bet in the end.)

My most recent example: The ex recently took the kids to Canberra over the Christmas holiday's. We have nothing in our interim court orders stating interstate travel, so I send a kind email outlining the safety concerns regarding the children, merely surrounding the PANDEMIC. I don't expect a response (it's mere paperwork for the next court hearing). The result, he took the kids to Canberra, I didn't get a response, the children returned all smiles (they had a great time I am sure from all the stories they share with me). Was I worried, yes. Did it cross my mind to threatfully communicate, yes, but I know it's unproductive and poor form. Did I yell at my lawyer because he doesn't think with emotion/ moral like I do, No, but I wanted to. Instead I went to the gym. So I enjoyed my holiday time and continued with my life after allowing myself to vent and got over it. I looked after myself. My one child did return ill, but there is nothing that I am not capable of handling.

I always miss my children when they are not with me, but I know that allowing the scenario to drive me insane is not good for me or the kids. All that I have concluded is that I end up a stressful mother and cannot think with clarity and make stupid mistakes.
 

familynfriends

Well-Known Member
15 April 2020
57
2
199
My ex-partner enrolled the children in school they started Tuesday the 2/02/21
I was meant to be included in all school activities the school informed me early that week that I had to be put on the pick-up list because there weren't orders and that kindergarten drop off the first morning was kiss and go at the gate due to COVID
I then received photos from my ex-partner on the Tuesday night after the girls first day (and after asking if he took any) he sent me photos that had been forwarded from his parent's email account because they had gone with him for drop off also the photos where inside the school
I spoke to a friend of mine who works in primary school administration she told me parents of kindergarten children could attend for 15 mins
I was then told by the school my ex-partner had done a walk through with the girls the Friday before they started, so I asked the school when I was allowed to attend the school for a walk through with my children, the school knew I had an AVO against my ex and I asked he not be present while I was there attending my walkthrough, not unreasonable and they agreed to a walkthrough with my children on Friday the 05/02/21 at 1 pm
on Friday I attended the school and did a walkthrough both my girls asked to come home with me and at the end of the walkthrough and after being at the school for close to an hour I very politely turned to the principle and told her that I was taking the girls home with me my mum was with me we did not make a scene and I was not rude to and staff members and after the principle very rudely stated to me "this will not look good for you at court " I walked out of the school and went home with my girls I now have my girls with me and I am attempting to have them un-enrolled from the school they were not meant to start kindergarten till 2022 as agreed previously by myself and ex-partner (still waiting for this and I have contacted the education dept today) my solicitor advised me to pick them up from school if I could but not make a scene or upset my children which I did not and he was happy with how I handled the whole situation and everyone i have spoken to since has said that the statement made by the principle was unprofessional and discriminatory as she does not know my side of the events between my ex and I and she should not have made any such comment
I have made a complaint to the education department about her statement and also about being told kindergarten morning was kiss and go at the gate when I have evidence that is totally untrue and because I have no court orders I should have been informed about kindergarten morning and asked if I wished to attend
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
So you file for an urgent recovery order about 6 weeks ago or so... You have had cops do welfare checks to confirm kids are safe... The court tells you it doesn't consider it urgent & sets a date for near the end of February... There is virtually zero chance that the court wouldn't have ordered the return of the kids to your primary care & dealt with the issue appropriately..

Just days away from the court dealing with this, you instead decide to take matters into your own hands & engineer a scenario to take kids back (Hard to see how a judge would see it any other way)... So I expect that you now intend to withhold kids from seeing dad until court, just as he was doing? .... or are you going to file a notice of discontinuance?
 

familynfriends

Well-Known Member
15 April 2020
57
2
199
no, I am going to continue with court so this is sorted out and there are orders in place....I did not see my girls for 7 weeks he will not see them for 2 weeks and I was advised to do this by my solicitor you may not agree and that's fine but I did everything the right way, even picking them up from school I did not do anything that upset the children or any of the staff and the principle was biased against me from the start as we have found out that she is friends with a member of my ex-partners family the comment she made about court was personal, unprofessional and discriminatory