Have consent orders in place. Mother has majority care.
However my 13 and 14 (almost 15) year old children went to their school counsellor and communicated a heap of issues and concerns they were having at their mothers house, and requested to stay at my house in the mean time so they can get help
School made a report to DOCS, an investigation took place, DOCS said the issues were not above the threshold for protection orders etc, however the case remains open.
I sent several emails to the mother outlining the issues and offering mediation and counsellor as a solution. She never responded to anything and then after a month, a letter was sent from her lawyer stating I had no basis to contravene the consent orders and if I did not return the children to her within 24hrs, they would file for an urgent recovery order. I replied, and again outlined the issues and my solution of mediation and counselling. No response.
A week later, I got served court documents and somehow she got an urgent hearing in 5 days and I scrambled to get a response and affidavit submitted. I am a self rep
First court hearing went well for me, Judge told her side that she could not possibly order a recovery order based on her evidence, and given the ages of the children, she needed to hear their views.
Judge has ordered a child inclusive conference and then another hearing 3 days later, Judge also has requested DOCS appear to give a report.
The children will confirm that its their request to be under my care at the conference, and also outline their issues and that they want a change in care arrangements.
Would it be likely that a Judge order FDR and counselling after this hearing? Neither party had anything specific in the interim and final orders as hers was just "seeking urgent recovery order" and mine was just for it to be dismissed and that an 11F report be conducted.
Any thoughts?
However my 13 and 14 (almost 15) year old children went to their school counsellor and communicated a heap of issues and concerns they were having at their mothers house, and requested to stay at my house in the mean time so they can get help
School made a report to DOCS, an investigation took place, DOCS said the issues were not above the threshold for protection orders etc, however the case remains open.
I sent several emails to the mother outlining the issues and offering mediation and counsellor as a solution. She never responded to anything and then after a month, a letter was sent from her lawyer stating I had no basis to contravene the consent orders and if I did not return the children to her within 24hrs, they would file for an urgent recovery order. I replied, and again outlined the issues and my solution of mediation and counselling. No response.
A week later, I got served court documents and somehow she got an urgent hearing in 5 days and I scrambled to get a response and affidavit submitted. I am a self rep
First court hearing went well for me, Judge told her side that she could not possibly order a recovery order based on her evidence, and given the ages of the children, she needed to hear their views.
Judge has ordered a child inclusive conference and then another hearing 3 days later, Judge also has requested DOCS appear to give a report.
The children will confirm that its their request to be under my care at the conference, and also outline their issues and that they want a change in care arrangements.
Would it be likely that a Judge order FDR and counselling after this hearing? Neither party had anything specific in the interim and final orders as hers was just "seeking urgent recovery order" and mine was just for it to be dismissed and that an 11F report be conducted.
Any thoughts?
