So short run down
3 kids - 2 I have full custody 1 no orders and just a parenting plan entered into after ex refused to return the child after we broke up for a couple months out of retaliation to me moving in with boyfriend, I was tired of begging so I just agreed to it, then went through mediation to try get a more appropriate plan in place, as he works 6 days a week and the child in question spends a total of just shy of 3 days with the ex if you counted all the hours up in ex's care.
- ex was abusive and had substance abuse issues affecting his ability to parent and would flat out refuse to participate in the household - 3 kids were witnesses.
- he would use a huge chunk of $ on the substance and it had effected my ability to provide for the kids efficiently.
- when he broke up he made it difficult for me to move out. Putting conditions on the times when I tried to collect my belongings (my name was still on the lease). Took 2 months to get my car back and 4 to get all my stuff.
- he kept rocking up unannounced to my house. And sent me texts when i had visitors and had disclosed him and his mother having a conversation suggesting I contacted her for babysitting when I wanted to do "adult stuff" suggesting I was promiscuous.
- attempted to not return child because I stayed over my boyfriends and treated him different now and then next visit did not return him because I moved in to his as my new neighbour was out on parole. Then said it was because i neglected the kids in the relationship (the effects of the abuse were now all my fault)
- after this he let me have every 2nd weekend for 2 months then 50/50
- after 2nd plan through mediation he reneged on agreed arrangement the next day as we looking after our child during his work hours cut him time down...
- has been uncooperative with parental decisions about medical appointments and future schooling arrangements to facilitate the 50/50.
- made medical appointments behind my back and then not attended them.
- took child to ED and did not tell me but was having a go at me over fb messenger while at hospital about me not following his instructions regarding the child (I actually had been)
- never the one doing pick up and drop off
- rarely get updates in his time
- hasnt paid child support and has avoided filing tax to avoid paying bc he did not consent to me applying for it
Recently child came home from his care with concerning injury in a spot a 2 year old would not usually have an injury, when i asked about when and how, he claimed not to know and got super defensive and seemed to only care about himself in the situation. I expressed how I did not understand how it went unnoticed and untreaged (to clarify it looked like he had either been hit with something or fell on something and was lower right back where kidney and liver and rib sits. Huge bruise that was darkish green and 4 inch red line that initially looked like a scratch but there was no broken skin).
Fast forward a week aftermediacal apts, phone calls asking for advice. I was instructed by CARL not to send the child back.
So I tell him until appropriate care arrangements are made, child wont be returning. Bc past abuse and the unknown circumstances surrounding the injury.
Since then this is what has happened
He has denied the abuse, tried to collect the child from child care without telling me, demanded I deliver child at his work or face legal action, called for 2 welfare checks on me, followed me and my children in his work van while on work time and had a lawyer send me a letter demaning I deliver child to him again or they will seek urgent recovery orders. In the letter it shows he lied about when we did mediation, its written as if he is the primary care giver when he isnt and as if the time in which he did not return child was an agreed upon arrangement and ofc denies every allegation of abuse.
The Department of Child Protection got involved after I went to cops asking about him attempting to collect child from child care without telling me. Made a statement about the injury and they had called me next day. Both keep telling me everytime ive had to talk to them not to return child and seek protection orders and full custody...
So... given all this and i did respond to the letter from the lawyer stating my position and corrected the wrong info about mediation and stuff...
What is the likelihood of him getting granted the recovery orders?
Could he get them ex parte?
He has proven that he has no issue in painting me out to be an unfit mother.
Will the judge look into my reasons as to why I havent given him his next visitation before making a decision?
Will i be told he has applied to ex parte if he does and given a chance to defend myself?
Like I am still following the law as per s60CC FLA
Just concerned... and can't find the info I need
3 kids - 2 I have full custody 1 no orders and just a parenting plan entered into after ex refused to return the child after we broke up for a couple months out of retaliation to me moving in with boyfriend, I was tired of begging so I just agreed to it, then went through mediation to try get a more appropriate plan in place, as he works 6 days a week and the child in question spends a total of just shy of 3 days with the ex if you counted all the hours up in ex's care.
- ex was abusive and had substance abuse issues affecting his ability to parent and would flat out refuse to participate in the household - 3 kids were witnesses.
- he would use a huge chunk of $ on the substance and it had effected my ability to provide for the kids efficiently.
- when he broke up he made it difficult for me to move out. Putting conditions on the times when I tried to collect my belongings (my name was still on the lease). Took 2 months to get my car back and 4 to get all my stuff.
- he kept rocking up unannounced to my house. And sent me texts when i had visitors and had disclosed him and his mother having a conversation suggesting I contacted her for babysitting when I wanted to do "adult stuff" suggesting I was promiscuous.
- attempted to not return child because I stayed over my boyfriends and treated him different now and then next visit did not return him because I moved in to his as my new neighbour was out on parole. Then said it was because i neglected the kids in the relationship (the effects of the abuse were now all my fault)
- after this he let me have every 2nd weekend for 2 months then 50/50
- after 2nd plan through mediation he reneged on agreed arrangement the next day as we looking after our child during his work hours cut him time down...
- has been uncooperative with parental decisions about medical appointments and future schooling arrangements to facilitate the 50/50.
- made medical appointments behind my back and then not attended them.
- took child to ED and did not tell me but was having a go at me over fb messenger while at hospital about me not following his instructions regarding the child (I actually had been)
- never the one doing pick up and drop off
- rarely get updates in his time
- hasnt paid child support and has avoided filing tax to avoid paying bc he did not consent to me applying for it
Recently child came home from his care with concerning injury in a spot a 2 year old would not usually have an injury, when i asked about when and how, he claimed not to know and got super defensive and seemed to only care about himself in the situation. I expressed how I did not understand how it went unnoticed and untreaged (to clarify it looked like he had either been hit with something or fell on something and was lower right back where kidney and liver and rib sits. Huge bruise that was darkish green and 4 inch red line that initially looked like a scratch but there was no broken skin).
Fast forward a week aftermediacal apts, phone calls asking for advice. I was instructed by CARL not to send the child back.
So I tell him until appropriate care arrangements are made, child wont be returning. Bc past abuse and the unknown circumstances surrounding the injury.
Since then this is what has happened
He has denied the abuse, tried to collect the child from child care without telling me, demanded I deliver child at his work or face legal action, called for 2 welfare checks on me, followed me and my children in his work van while on work time and had a lawyer send me a letter demaning I deliver child to him again or they will seek urgent recovery orders. In the letter it shows he lied about when we did mediation, its written as if he is the primary care giver when he isnt and as if the time in which he did not return child was an agreed upon arrangement and ofc denies every allegation of abuse.
The Department of Child Protection got involved after I went to cops asking about him attempting to collect child from child care without telling me. Made a statement about the injury and they had called me next day. Both keep telling me everytime ive had to talk to them not to return child and seek protection orders and full custody...
So... given all this and i did respond to the letter from the lawyer stating my position and corrected the wrong info about mediation and stuff...
What is the likelihood of him getting granted the recovery orders?
Could he get them ex parte?
He has proven that he has no issue in painting me out to be an unfit mother.
Will the judge look into my reasons as to why I havent given him his next visitation before making a decision?
Will i be told he has applied to ex parte if he does and given a chance to defend myself?
Like I am still following the law as per s60CC FLA
Just concerned... and can't find the info I need