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
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