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VIC Family Court and Recovery Orders - Grandmother Trying to Take Child Away?

Discussion in 'Family Law Forum' started by Goodthanks87, 4 May 2016.

  1. Goodthanks87

    Goodthanks87 Member

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    Recovery orders will be heard in 2 weeks. Grandmother put an interim order on her daughter with the grandchild's name also on it while she had agreed to babysit while her daughter was in Queensland trying to start a life for her and her child.

    We had shown up at family court for the interim hearing. The child's name was removed from the order but the grandmother refused to hand over the child and with an interim order in place, well, getting the child back in the mother's care were basically impossible.

    She has since lost the pension because she was opted to sign paperwork drawn up by the 2 solicitors saying that if she stays in Victoria she can have access to the child 4 days a week. She has been told if she was to go back to qld she would only have phone contact which her mother never answered.

    Anyways, she was too busy scheming all this behind her back, the lies that have been made up while she has been there are completely ridiculous and this has gotten completely out of hand. What are the chances that when the recovery orders gets heard in a family court that this will be short and sweet and a lot less painful then it has had to be?
     
  2. sammy01

    sammy01 Well-Known Member

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    Just checking - You are the mother of the child? You left child with granny so you could go scope out somewhere to live in QLD? Now Granny won't give you the kid back? Is that accurate?

    How old is the kid?cWhat reasons do you think Granny is claiming that make her the best person to be the primary carer of your kid?

    Oops - one more thing - the interim order you mentioned is that for an AVO/DVO against you?

    Look - if granny is claiming the kid has to live with her because you're an unsuitable person to parent the child, then it is gonna take some time for their claims to be validated / tested. So how long is this gonna take? No idea - but if you give some more info that might help us
     
  3. Goodthanks87

    Goodthanks87 Member

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    Okay, so I am the partner of the mother of the child in this situation. The child will be 3 in the next two months. This was all because the grandmother wanted to take the child to a "doctor's appointment" which the court hearing for a recovery order is heard on that exact date.

    The grandmother says that's all she wants and wanted but because of lawyers involvement and lies this has not been so simple she accused the mother of trying to have no contact with her daughter which the solicitor has all the evidence that is not true at all. She called heaps of times at least every second day. There were allegations of drug use which she has done 1 test so far "negative" of course and will do another 2 in the following weeks, because of having male friends and uploading pictures with them on Facebook the grandmother is claiming she is an escort.

    Yes the interim hearing was basically an AVO saying she can't contact her mother, or anything at all with her daughter's name on it also filed by police which is ridiculous because she was in qld the grandmothers evidence in court for that was that on one occasion she raised her hand and her voice in a disagreement between the 2 the grandmother keeps contradicting herself and making up more as she goes along she has tracked down the parents of the biological father for them to attend also.

    She says that my partner had left the child in her care for longer then she actually was, which is untrue because my partner was residing there with her mother. She says now that every time she talks to her daughter over the phone it's abuse only because well this is basically kidnapping. My partner has been there since all of this court stuff has stayed and spent time with her daughter under the agreed terms between the two solicitors the grandmother fails to stick to the agreement she just goes out.. And also fails to let my partner know of any doctors appointments as filed in the affidavit.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay, so...I feel like there's a lot more to this story than what is being said here, but we will role with the basics.

    You haven't mentioned anything about interim parenting orders anywhere in this post, so...are there any parenting orders in place? Or is it just an AVO?

    What's this child's schedule? Does she attend kindy? How long has she been living with grandma? Where did she live before that? Why did the mother agree to what the solicitors proposed?
     

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