WA Child recovery order

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Rousey

Member
12 June 2017
2
0
1
My partner lost her mother and grandmother in quick succession about 20 months ago. Straight after she fell pregnant to our first child.
Once our son was born my partber became odd and showed signs of depression. I have stuck by her through everything. Since my sons birth she has also started suffering seperation anxiety and anxiety. She is also on record as having become suicidal. This has been incredibly taxing on me as a supporting partner.
I am not able to have my son by myself to take him places as she has gained a unwarrented fear of me taking off with him.
Its a long story but recently i found evidence that she was planning to take him away for an extended period of time without my knowledge.
She had the police called on her for shouting and screaming out the front of my friends house. She also started becoming violent towards me. She came home one day to grab some of her stuff and i rung the police and told her i wanted her to have a police escort. (Due to me being male and not wanting to be along with an unprodictable women).
When the police came she came in to grab her stuff and she gave me my son. Whilst i had him i informed the police officer that i did not intend to let her leave with him due to her mental ztate and the fact i had suspicions she was dissapearing.
They said i was in my legal right to do so.
When i informed her of my intentions she said i couldnt do that. The police said i could. She became agressive and to cut a long story short the police issued her an AVO and escorted her from the property
Now this was not how i wanted things to go. I only intended her to not leave until i could understand what her plans where with my son and where she ended up going. It all blew up.
I had my son (who is 7 months) and she went to the family court and a recovery order was issued to me to return my son to her (via police) which i complied with.

I am new to all this and have no dealings with any courts. She would not serve me the affidavit which i need to respond.

A week later we got in contact and she heard my side. She understood why i had these suspicions as the evidence was compelling but explainable.
We agreed to go on a holiday with my son to see if we could make amends. The day we left a note was left on my door to collect the affidavit. I put it on my bench for my returning.
The holiday did not go well and we have seperated. When i got home the note for the affidavit was gone. She was the only one to access it.
I feel the trip was used to delay me responding to the court order. (She works for DHS and has lots of history with family law courts with our step daughter and previous partner).
She still upon request will not serve me the affidavit or give me her lawyers contact details.
I have no way of responding to the court order and the hearing is in 10 days.

I am a australian submariner with the highest security clearence. I have no criminal records and no Avos have ever been issued against me. I have no drug or alcohol related issues.
My question is. What will happen in court. She has hindered me from responding and i have next to no idea what im doing and conpletely nieve to whats happening.
I intend representing myself and keep only to the facts of what led to the recovery order being issued. I also do not intend charactor assassinating my partner. I simply want 2 days out of 14 days access as i understand my 8 month old needs his mother. And that its unrealistic given my jobto expect more at this point in time.
I have no vindictivness but i think she may become that way.

Any advice is appreciated.
 

Rousey

Member
12 June 2017
2
0
1
I also specifically need to know if she is doing the wong thing by not giving me any contact details of her lawyer. No giving me the affidavit. I have suspicions she took the note left to contact me in regards to the affidavit to further hinder me, but i cant prove that. I know exactly where i put it!

I was also told i was supposed to ebe served the affidavit when the police arrived with the court order. I was not.

How can i fight in court when i dont even know what i am fighting against
 

Robot12

Active Member
23 May 2017
13
0
36
Firstly, don't stress about court. Easy to say I know, but when you are in court the judge will likely order things that must happen and dates by which they must happen. If you follow the directions given to you and comply as required you will be fine.

On a side note: do you have access to the comport? If so you might find you can download the affidavit and any other relevant papers there. There is a live chat ability on the portal page which can help you with this.