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NSW Chances of Successful Recovery Orders with Family Lawyer?

Discussion in 'Family Law Forum' started by Travis Sr stevenson, 21 September 2016.

  1. Travis Sr stevenson

    Travis Sr stevenson Active Member

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    15 months ago, I separated with my wife. In this event, she took our 3 children and moved away. She then denied me access to the children.

    2 months after she left, I had already had a recovery order arranged, but she phoned me to pick up the children as she could not care for the children. She has a polysytic kidney diesese, for which there is no cure. This has caused a brain aneurism.

    The children lived happily with me for over 14 months. On a recent visit with their mother, she did not return the children. I have had no contact with them since.

    Currently, have an urgent recovery order in 2 weeks. What are the chances of the recovery orders being successful? There are no orders of such, we just had a mutual agreement.
     
  2. AllForHer

    AllForHer Well-Known Member

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    It's hard to say without knowing the story from the other side, but if everything is straight forward (no allegations of violence, abuse, etc), then chances of having a recovery order made are probably fairly decent.

    Do you have something more specific you want to ask?
     
  3. Travis Sr stevenson

    Travis Sr stevenson Active Member

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    7-8 years ago she assaulted me in retaliation. I defended myself and ended up the one being charged.

    There has never been any abuse to the children. Only verbal between the ex and myself
     
  4. sammy01

    sammy01 Well-Known Member

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    Yep, mate - give us as much detail as you can... then do something crazy... Imagine to be her and write what you reckon she would write on this site. I know sounds crazy. But - really there are two sides and armed with that info, you'll get a better response.

    Based on my understanding of what you wrote, you have had 12 months as sole carer... Based on that 'fact', you're on a winner, but no doubt there are lots of other facts. True? So what are they?
     
  5. Travis Sr stevenson

    Travis Sr stevenson Active Member

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    Facts she would bring up are she doesn't like my new girlfriend, that I verbally abuse her when she makes up excuses when she doesn't visit the children.

    I never talk her down in front of the children. I am not a narcissist and the children would call her as often as they wanted,

    I'm sole carer for almost 12 months.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Well, then, it really depends on how she delivers her case as to whether the recovery order application will be successful.

    It's hard to predict, mate.
     
    Travis Sr stevenson likes this.
  7. Travis Sr stevenson

    Travis Sr stevenson Active Member

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    She shouldn't have a case, the kids were happy and fine living in their home with heaps of love and support. Their grandparents live across the road, they always attended school, had after school sports.

    She had already taken the kids and traumatised them once and got them out of routine. Then realising her health was not good and she couldn't look after them full time, she returned them to me. She is a known cannabis user as well.
     
  8. AllForHer

    AllForHer Well-Known Member

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    I understand all that, but like I said, we're only seeing one side of the story, and recovery cases tend to be some of the hardest to predict.
     
  9. sammy01

    sammy01 Well-Known Member

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    Based on the info, the court is gonna provide you with access to the kids. How much? Who knows? How far away does mum live?
     
  10. Travis Sr stevenson

    Travis Sr stevenson Active Member

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    2 hours away.. In saying that, do you think the chances of the children being returned are slim, even when their mother is hospitalised frequently with her illness?
     

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