QLD Am I able to do anything

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JHL123

Member
27 November 2018
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0
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Hi all,

Sorry for the wall of text, just tried calling people the last few days and nothing has come from it, I've read a few threads on here and have seen some good advice so I thought Id see If anyone can help me.

I have 2 kids, my ex and I split up over a year ago, both the kids are between ages 3-7. Since the breakup we have had equal share of the kids (50/50), but she always threatened to keep them from me. We attended mediation and got parenting plan setup, we have had arguments and disagreements but never let it affect our time with the kids.

When it came to agreeing on a school for my daughter, I suggested a school that was inbetween both of us, seeing as that is fair. She completely refused and enrolled her to the school she wanted, which I never agreed on, but I sucked it up because I was sick of arguing. Due to this, I have had to change jobs, I used to start at 5:30AM and exchange the kids in the early afternoon, but seeing a as I have to take her to school starting next year, I got a job where I am able to drop off the kids and get to work ontime. After roughly 2 weeks at my new job, last Wednesday I was supposed to pick up the kids after work at nightime (Like I have been since starting my new job), she wanted an exact time and I told her I am unsure as It depends what time I get let off, but it would be between 6:30pm-730pm. She completely lost it over the fact that I couldn't give her an exact time and refused to give me my kids back. I couldn't understand how she would react like this to something so small seeing as some days she would tell me she is going to drop off the kids early/later then the agreed time.

Now, that was the last time I had ANY contact with her (Tomorrow will be 7 days without contact), I try texting and calling her in regards to when I will see my kids and she just won't respond. On Saturday we had an early Christmas (The exact same as how we would have it on xmas day) as my family is going away for roughly 6 weeks, the kids knew about this for weeks/months and were super excited about it, they were supposed to open all of their presents and have a great day but sadly that didn't happen. Today is my birthday, I texted/called again to see If I could even speak to my children and yet again, I got no response, which is upsetting.

Another issue is her new partner has domestic violence history, I'm scared that something will happen to my kids as I have heard rumours about him from others, he has put his ex in hospital (photos and everything), and apparently his kids are scared of him. My ex has also taken my children into that environment where her new partner and ex have had fights (physical and verbal) and baseball bats have been thrown at the car with MY KIDS in the backseat, I told her she should not have taken to kids into that sort of environment and she lost it at me.

My next step is to get a lawyer and go to court, is that the right thing to do?

And is there ANYTHING I can do about her no even responding to me for a week now, like I don't even know If my kids are safe, even a hello would ease my mind abit. I have heard she is fine through friends but its still uneasy for me, It could be months before I even get to speak to my kids let alone see them from the way things are going.

I just want my kids back.

Thanks in advance to anyone who can offer some guidance/help.
 

sammy01

Well-Known Member
27 September 2015
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when did you do mediation last? To apply to court you need to have done mediation in the past 12 months. So my first thought is to call Relationships Australia and ask them to book in some mediation. If it doesn't happen that is ok, but you'll have the requirements to make the court application.
But - consider going to see a solicitor especially if you've done mediation in the past 12 months.
Next - do you pay child support? have they contacted you? If they have request a review. You don't want to pay full child support because the ex has stopped you seeing the kids.
Next - Don't contact her lots and don't get into any sort of verbal or text argument. She will have an avo slapped on you in no time.
One more thing. Call the cops. Explain. Ask them to do a welfare check.

Keep us informed how you go with all that before considering contacting a solicitor.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
I reckon see a solicitor now and get the court process going. She is likely to become even my unreliable/unstable if going into a bad relationship.

Consider getting an DVO on her new partner for the kids. She is deliberately exposing them to family violence.