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NSW Family Law - Father Denying Access to One-Year-Old Daughter

Discussion in 'Family Law Forum' started by Ema08, 27 December 2015.

  1. Ema08

    Ema08 Active Member

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    My daughter is one-year-old. She has been in my care the entire time. Four months ago, I moved to my parents due to events that led to an AVO on her father. I do not receive child support, drive my daughter up and back every second weekend since, and he sometimes has her one of the nights.

    Now her father has had her for over two weeks denying me access to even give her a hug. I am a faultless mother, my daughter is perfect. He is not that familiar to her, works 10-hour days and leaves her with his girlfriend that our daughter also doesn't know. I'm so distressed, feeling and knowing her confused state.

    Help, please me under Family Law!
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Ema08,

    Do you have court orders regarding your parenting arrangements? If so, and if you can't reach an agreement with your ex then you can apply to the family court for a recovery order. This allows Federal and State Police to return the children to you.

    If you don't have parenting orders, try to come to an agreement with the other parent. If you can't you can still apply to the Court for a Recovery Order and at the same time you should get Parenting Orders in place to say who is responsible for making decisions about the child, where they will live and spend time etc. If your ex is keeping your child from you, you may be able to make an urgent court application.

    I would get legal advice asap. If you can't afford a lawyer, call LegalAid they may be able to assist you.
     
  3. ourlawisnotfair

    ourlawisnotfair Well-Known Member

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    Hi Ema08,
    How long has it been that he has had your daughter in his care now?

    Why is he not returning her (his reason, whether it be true or not)?

    Are there any court orders currently in place for custody arrangements?

    What are the AVO conditions, and how long has that avo been in place for? And you are the aggrieved on the avo, aren't you?

    If there are no orders currently in the court for custody, then don't waste your time with recovery applications as you can't get recovery orders unless there are already court orders in place.
    This is something I learnt the hard way approx 20k later in court. I was told exactly that by the federal court judge.
     
  4. sammy01

    sammy01 Well-Known Member

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    is the child named on the AVO?
    I'd be contacting Doc's especially if you have concerns for the welfare of the child.

    Call the police and ask for a welfare check to be done. They will go and see the ex and check to see if the child is ok. That is a start.

    Go to your local community centre / women's help service and see if you can get legal aid
     
  5. N Knight

    N Knight Well-Known Member

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    I would strongly suggest that you get in contact with a Lawyer and file for a Recovery Order.
    You would seek to have the matter listed on an urgent basis and explain why.....
     
  6. Ema08

    Ema08 Active Member

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    Had the ball start rolling and applied for legal aid, had a welfare check. I'm the only one on the avo which has been in place for 4 months. Apparently, they said I have no grounds to a recovery order and I pretty much wait till mediation, unless he hands her over to me previously.
     
  7. Concerned step parent

    Concerned step parent Active Member

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    Did they give an explanation why you had no grounds for a recovery order?
     
  8. Ema08

    Ema08 Active Member

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    Because there is no family law orders in place.
     
  9. Concerned step parent

    Concerned step parent Active Member

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    That must be very frustrating for you... I hope the mediation process doesn't take too much longer. Have you had any access to your daughter? :(
    I'm sorry I have no legal advice.
     
  10. Ema08

    Ema08 Active Member

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    No not as yet. Thank you for help
     

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