QLD Custody of Children - Can Mum Just Leave with Son?

[Stuck]

Hi,

Me and my partner are on the verge of splitting up. She suffers severe anxiety and few other things and it has just destroyed us. The problem I face is we have a 16-month-old son. Now she is an Australian citizen but has no family over here - they all live in NZ.

She does not work. I am the sole income. Basically when we split up she has no one and nothing. That being said, I would for the time being still cover all her rent and expenses and leave her all the house hold belongings as I can move back in with my folks or other family I have here in Brisbane.

She has said to me that if we separate she will move to her family in NZ taking my son with her. Now I'm all for joint/shared custody of children, I believe it is very important for him to get time with mom and dad. I guess I just want to know can she just up and leave? Can I prevent her taking him away effectively cutting me off?

Thanks for any help.

 

[Trying2bfair]

Hi stuck!

The basic answer is no she cannot just take your son and move to NZ, but you are going to have to start custody proceedings now, so get a lawyer.

If she does up and leave back to NZ you can have recovery orders issued (can take awhile FYI) and your child will be returned to Australia as long as this is where he was born and raised under the hauge convention.

Just something for you to know I have personally gone through this, but she can get a NZ passport issued for your child very easily without your knowledge or consent. My son is also half kiwi, basically the NZ passport office do not check to authenticate the other parents details on the forms and even if they did and you said you deny him the child having a passport they give it to.them anyway! Without an official court order to deny the passport it is issued, straight from the passport office and the NZ embassy!

You need to get some serious legal advice and mediation going, this can get very messy very quickly otherwise

 

[AllForHer]

You can file to restrain the parents from removing the child from Australia and have him placed on the airport watch list.

Contact Legal Aid immediately and get legal advice.

 

[0cool]

In my experience it is legal for any party to take the child away without any consequences.

Just look at me, 120 days not seeing my daughter, no AVO, no drug abuse, never been interviewed by police, no criminal record whatsoever. My lawyer (25+ years experience) said it is legal for her to take the child away unless there is court order stopping do so.

Place your child on airport watch list, that will stop your kids remove from Commonwealth of Australia

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Note that any insight I provide is not legal advice.

The only suggestion I can give is to seek legal help.

 

[0cool]

FYI I went to the police station and reported for abduction. The policeman said it's not abduction because it's legal to do so (police is very reluctant to make a report). Then I said I am the biological father and I am still responsible for the well being of my daughter as she is less than 18 years old.

The police said, "Don't worry, your daughter is OK with the mum". Then I responded, "How do you know my daughter is OK and with the mum, when neither of us can't even make a call?" (mobile phone was off over 24 hours).

The police said, "Come back here after 48 hours"

Then I came back, "It is over 48 hours and I still cannot reach my daughter and I want to report a missing person". (mobile phone was off over 48 hours)

The police said, "Don't worry, your daughter is OK with the Mum"

Then I responded, "Well, I will start recording this. Neither of us cannot contact my daughter and the mum, and you said my daughter is fine. If something happened to my daughter you will be accountable."

That's when the police agreed to write a report. That's how hard it is for law-abiding citizens to simply want have a report made of my missing daughter in Australia.

 

[Corinne]

0cool you should be blaming your lawyer, not the police.

You would have been able to apply for a recovery/location order as soon as she left and upon applying for court orders she probably would have been forced to move back until the proceedings were finished.

 

[0cool]

Hi Corinne

Appreciate your response. I am not blaming the police 100%, but what is the police getting paid for They are public servant, aren't they? They are here to protect and assist good citizens.

Unless I harm my daughter or my ex, I will be ashamed showing my face to my friends and colleagues. My boss and my manager even turned up in my home the next day. I am not ashamed because I have done nothing wrong here.

I never delt with any family lawyer in entire my life, nor do I know what is a recovery/location order, etc. At that time, all I knew was that I had been seeing my daughter and living with her for the past 3 years and she suddenly disappeared from our matrimonial home.

My ex text me only once and switched off her phone. "I decided to leave and take my all belongings". <-- this message doesn't state or say that she is taking my daughter with her.

So I cannot make any assumptions given I cannot reach my ex since that text was received.

I found out later on from my neighbour that 2 ladies and 2 little boys came in and out of my unit. My neighbour thought I was moving out or something. He is my witness. Those 2 ladies are professionals for sure, most likely this is the help from "Family Centre", which I now call "Divorce Centre ".

How could my ex know how to take only 1/2 of the cutlery, 1/2 of the detergent, 1 pillow instead of 2, everything perfectly organised, no messiness left in the house when I reached home at night to find out my daughter has gone.

You can imagine what the feeling was like not seeing your daughter for 126 days, not phone call, not face to face, nothing, and perfectly legal to do so. Is this what 'Family Centre' in Australia is created for? Simply pissing someone else off and making profit?

My name and my ex's was in the waiting list of the local family centre for counselling, when this happened. I contacted the Family Centre and they refused to provide more details as it is their 'Privacy policy'. How can a Family Centre only take 1 side of story and believe it, and specially when there is a very young child involved here? And I was in the waiting listing. This is like stabbing me in the back.

No wonder the divorce rate in Australia is so high. The Family Centre runs like a business making profit. I asked the Family Centre manager whether there is a reconciliation in their guidelines. She never answered me in writing.

My daughter is the victim here, the winner is the Family Centre who will receive more government grant on this case.

How do I know it's a profit making organisation? I went to another Family Centre. 1st I walked in, they ask me to fill 2 forms. That's for them to get government grant to keep the building nice, fully air-condition, and to keep the staff in the job.

Since then I've spread the word to my friends who are married and have kids. Take caution contacting the Family Centre as there is no reconciliation in their guideline.

My aunt later told me about her experience going to 'Family Centre'. It is scary as the staff is not trying to cool down the situation but instead are trying to escalate the matter. Lucky my Aunt is strong and know what is right and wrong. She walked away from the centre straight away.

This is what the Family Centre offered to her:

- Free Accommodation ('don't worry we can offer you free accommodation')
- Free Lawyer ('don't worry we can offer you free legal assistance')
- Free ....

Unbelievable experience.

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Note that any insight I provide is not legal advice.

The only suggestion I can give is to seek legal help.

 

[Corruptlawsystem]

Um, yes she can if there're no orders in place. My ex did it. I'm fighting it as we speak. Get a parenting order in place ASAP.

Apologies, if you aren't situated in WA, it may be different.