NSW Child’s decision to live with other pareno

[Polly]

What if my son’s daughter refuses to go back to her mother she is 12 nearly 13. What action can be taken to make her

 

[Step2Three]

What are the circumstances? Why would she not want to go back? Is it in her best interest to return to her mother? Answers really depend on the situation.

 

[sammy01]

There are lots of variables that you have not mentioned.
Court orders?
Change of school?
Reason for the daughter wanting this?

Mum could apply for an urgent recovery order. She could come and pick up the kid.

So really the better questions you should be asking is what you (your son) be doing? Answer - approach to this is to be an adult and write to the ex to explain that the daughter has expressed a desire to spend more time with dad and that dad is prepared to work with the mother for that purpose....
BUT again - it depends on a whole lot of information that you have not provided.

 

[Atticus]

Yep. Need to know if you have orders & also what the reason is for not wanting to return....

Basically. Daughters fear for safety....good reason. Talk with mum about what’s going on

Avoiding mums house rules. Not a good reason. Tell daughter she has to return

 

[Polly]

Child has been moved away from the area therefore restrictions on access for the father. The child is frightened her Mother will badger her if she suspects the child wants to be with her Dad. The mother will not accept requests to discuss through interrelate. The child has been taken to an independent councillor where she has requested to live with her Dad. The mother threatened the child if she leaves the police will take her back and lock up her Dad. Is this a possibility

 

[sammy01]

how long ago? how far a away?
Are there court orders? AVO?
What sort of access does dad have atm?

 

[Atticus]

The mother threatened the child if she leaves the police will take her back and lock up her Dad. Is this a possibility

No...

Police *may* choose to check on the welfare of the child if requested by mum. If child seems okay & tells them she wants to remain with dad, they won't remove her. State police would only need to be satisfied that she is safe & willing to remain..... dad wouldn't be taken into custody.

So are there orders?

 

[Polly]

There are no court orders there was an interrelate parenting plan but this has not been successful due to COVID and this weekend access has been denied as the chikds sister is trying out for soccer. Soccer is now becoming the focus rather than relationship with Dad. We fo not have communication with the child as the phone we supplied is constantly off or lost. My son has asked several times for access to make up for the lack of access due to COVID. They have moved 161 kilometres

 

[Atticus]

What if my son’s daughter refuses to go back to her mother she is 12 nearly 13. What action can be taken to make her

Okay... So the daughter is not actually at dads refusing to return to mum then?

Look if visits haven't been able to happen as per parenting plan as a consequence of COVID restrictions, then it's nobody's fault, & I don't believe a court would order make up time even if there were orders..

How long has the plan been in place?
When did the move take place?
Is the move interstate?

 

[sammy01]

Because of Covid? You're in NSW? the kid can go to soccer the kid can go to dad's
When did the kid move?
what were the arrangement prior?
Was there any attempt at discussion with you prior?
Look - respectfully, please write down the whole story. Dont wanna know what she has for breakfast, but a decent chronology would be good to help the nice folk here give advice.