VIC Ex withholding children.

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Aarron

Member
20 January 2019
1
0
1
Is there anything i can do to see our children in the meantime, while i seek legal advice and go to court?

Background......

My ex and i have 3 beautiful children together, 2 girls aged 6 and 4 and a boy aged 3.

We have been seperated for 7 months now. Initially there was some difficulty in seeing the children. I understand that things were still very raw. Then things settled down and i was able to see our kids quite regularly. Sometimes twice during the week and then every 2nd weekend. Over recent weeks things have deteriorated quickly. I tried to organise to collect the remainder of my property, mainly garden equipment, as a result a text was sent stating that i wouldn't be seeing the children again...

I sought mediation during the initial few weeks when there was difficulty seeing our children, they finally had the initial appointment with my ex a week ago. They contacted me to inform me that after speaking to my ex that they didnt believe mediation would work and were issuing a section 61...
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
You should get to court sooner rather than later. For both parenting and property matters.

If there is no intervention order, consider arranging a time with police to go gather your belongings.

Whose name is on the lease/title?
 

Joe Black

Well-Known Member
9 January 2019
45
6
154
BE VERY CAREFUL
from bitter experience, I would fully advise that you initiate an parenting application with the family court and ask for access (insert the days/hours and living arrangements) for the interim order and shared care as final orders.
There are a few threads here that can help you and also look at the case law mentioned in these posts as that will give you an idea what to ask for regarding access - or pay a lawyer to represent you.
There is the chance that you ex will apply for an intervention order - they appear easy to get if you are female and have the perception of any form of abuse occurring.