QLD Child abduction

[Simon27]

About a month ago my ex abducted my kids under pretext of taking them to an after-school sport as regularly happens. 5 minutes after she took them I received an email from her and then another from her lawyer. The emails basically stated she considered the kids weren't safe in my custody (untrue, and an accusation I'd never even heard before).

The emails laid out how they wanted custody to be going forward, basically daytime Saturdays and 2-4 hours after work twice a week. No overnight stays anymore. I previously had 50/50 custody (informal arrangement but in writing) including overnight stays.

I called police (wouldn't touch of course) and eventually lawyers who said I had to go thru family law process, ie mediation etc, and abide by her reduced hours for the time being.

A month later and after back and forth between lawyers, we are still doing her reduced custody hours. We have a mediation booked in about a week.

A week ago Child Support contacted me and advised she was now claiming 100% child support because the kids have no overnight stays with. Again, it was previously 50%. So my CS payments went from $350ish a fortnight to $750ish. Further key bit of info, she lost her job a couple of months ago and has been unemployed since.

As the original letters immediately after the abduction indicated no overnight stays, the whole drama appears to be a child support money grab.

Two questions:
- if mediation doesn't work out, and considering she's basically abducted my kids with no good reason, what are my options to get them back ASAP?
- since she abducted them, do I have any defence to paying her for 100% cjild support? I want 50/50 and we had them in 50/50 peacefully for 3 years prior. It seems utterly absurd she can abduct them then charge me for it.

Thanks

 

[Atticus]

Two questions:
- if mediation doesn't work out, and considering she's basically abducted my kids with no good reason, what are my options to get them back ASAP?
- since she abducted them, do I have any defence to paying her for 100% cjild support? I want 50/50 and we had them in 50/50 peacefully for 3 years prior

1) Make sure the mediator is aware that the kids were accustomed to 3 years of 50/50 care up to recently..... See what mums 'safety' allegations are. If they are rubbish or mum will not budge on allowing overnights to resume at all, then make it clear that mediation is a waste of time & insist on a section 60I certificate.. The certificate will allow you to apply for parenting & interim parenting orders.... Unfortunately that's the only thing that will compel her to respond & engage in a meaningful attempt to return to overnights.... Not a quick process & may be further frustrated by current bio measures so the sooner you get on to it the better.

2) Complicated ... But because you have a written agreement regarding care (hope it's signed by both parents & dated) as long as you are taking reasonable action to have the care reinstated, CSA may agree to keep the payments at the former level for an interim period.... See below

"The person with less care than specified in the care arrangement must take reasonable action to have the care arrangement complied with in order for the child support assessment to be based on the care arrangement for the interim period. The length of the interim period will depend on the type of care arrangement, how long ago the care arrangement was made, and in some circumstances, whether the person with increased care is taking reasonable action to participate in family dispute resolution"

SOURCE >>>> 2.2.4 Disputed care arrangements | Child Support Guide

 

[sammy01]

Appeal the csa decision on the grounds she has taken the kids without your consent. You should hopefully get a 14 week grace period.

 

[Simon27]

Thanks a lot, very helpful. Will take that approach and update here on results