As I've said already, the likelihood of success really heavily depends on the other side's story, but I would generally say that if you've been the primary carer for the past 12 months (even better if you had the mother's agreement to being the primary carer), and there's no allegations/evidence of abuse or other risk to the kids in your care, then chances of a recovery order being made in your favour are fairly good.
Of course, but if there's no police reports, DHS reports or intervention orders. They probably won't be given as much weight as the need to get the kids back into the familiar care and routine of their primary carer.
There are no orders at all. When the kids were not returned, I attended her address the following day in a good manner, only to be told to leave and that the police were coming and an avo would be made against me.
l attended the police station after that, talked with police that took her statement and there were no grounds for her to take an avo out on me, as I behaved in a civil manner.
She made allegations to the police 4 years ago saying I told her I was going to kill her, after I attempted to leave with the kids because she would not stop using marijuana. I wanted better for my children and was sick of seedy people hanging around my kids and her taking my work vehicles to buy the dope.
I ended up being charged, then charges were squashed by a judge after sh told the judge she lied. The charged a 2 year suspended sentence