NSW Ex's Mental Health Unstable - Breach of Family Court Orders?

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27 July 2015
Me and my ex have current family court orders for our two children. In mid April he tried to commit suicide by driving himself into a pole in front of his girlfriend and her four children due to them breaking up back. He was then hospitalised and then scheduled into a mental institution. He was then released into the care of his mother and he and the children were living in his parents house.

In mid May he then had a altercation with his father and belted his father in front of our two children, and his sister called the police and he was removed from the house and taken back to the mental institution as he also said in front of the kids that he was going to get himself so low that he was going to kill himself. His mother then rang me and advised of what had happened and bought the kids to my place as the police advised that it was not a safe environment for the kids to be in and don't need to witness that type of behaviour from there father.

From that day on the kids have had custody of children with a few visitations from the father at the mother's place. My ex and I had then had a conversation about the kids' care where we both agreed that the kids need to remain in a safe environment and were to remain with me. He then advised that he had reconciled with his girlfriend and they were in discussions about moving 3 hours away. I advised that's fine for him to go but the children were to remain with me as they have there schooling down here, sports and other activities out side of school. We agreed on this and he suggested that we revisit the topic of living arrangements at some stage next year. I also had said to him that I was definitely not comfortable with the kids relocating 3 hours away due to the instability of him and his girlfriend and due to his mental heath.

He has now taken our children to his new residence 3 hours away without my permission or consent and trying to enrol them in a new school. I have requested for the address of where the kids currently are staying and he won't give it to me. The court orders state that both parties shall give each other not less than 21 days notice in writing of their intention to change address, which he has not complied with.

Please help, as I fear for the welfare of my two children.


Well-Known Member
23 July 2014
You should consider applying for a recovery order urgently. If the children are supposed to be with you and they have not been returned, the court can and usually will intervene, especially if the children may be at risk of danger.