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QLD Family Law - How to Withdraw from All Family Court Proceedings?

Discussion in 'Family Law Forum' started by anne1988, 21 January 2016.

  1. anne1988

    anne1988 Well-Known Member

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    I have a family court ordered parenting consent orders in place stating that the child is to live with the father and that once a month, I drive 8 hrs to pick my son up and have him for 48 hrs before returning him and driving back another 8 hrs.

    On the last visit, I withheld the child as I had been informed that he was recently involved with docs and I had fears for his safety. We went to court as the father applied for a recovery order. The judge was not happy I withheld him, ordered I return him and the ICL has yet to subpoena those docs reports and it's due back at family court sometime in the near future.

    None of this is working out in my favour and I'm sick of the stress and travel involved. I was wondering if I could somehow withdraw from all future court proceedings, allow the child to live with the father yet change the order under Family Law so its visits are school holidays for one week as I also have 5 other children and cannot contiue this path.

    Please help?
     
  2. Rod

    Rod Well-Known Member

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    You do not want to withdraw from court proceedings. You want a change to existing orders.

    However a better way is to be nice to the father as a change of attitude may help get what you want far easier than going to court. Then see if he is willing to consider a change without court orders. Don't apply pressure, don't threaten. You may need to give him a month or two to get used to the idea, depending on how strained the current relationship with him is.

    If you or he cannot be nice about it, then the court is your only other option.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Consent orders can't be withdrawn, as such, but they can be changed, either by additional orders from the court or by agreement of the parties.

    It might be a good idea to attend a mediation conference with the other parent to try and negotiate an outcome that settles the matter and sees to the discontinuation of current proceedings. It's unlikely the court will agree that the current arrangements are in the best interests of the child, considering the eight-hour drive for a two-day visit, with five other children to consider in the mix. I think one week of each school holiday period is reasonable, so it would surprise me if the father were to reject this offer.
     
  4. anne1988

    anne1988 Well-Known Member

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    The one week of each school holidays is exactly what I want to put forward. I'm happy for the child to remain to live with the father unless he is given to me because of the docs reports ( if my allegations are proven correct?) ( of course, I will take him)

    I feel too afraid to go back to court again as the judge wasn't very happy with me withholding the child (even though I thought I was doing the right thing) I just want all this ended.
     
  5. AllForHer

    AllForHer Well-Known Member

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    There are a lot of reports to DOCS that amount to nothing. While I realise you felt you were doing the right thing, withholding the children was basically a vigilante response to what was already being dealt with by the proper authorities. There is obviously some doubt in your mind about the allegations that have been against the father, otherwise, the court would assume you would be seeking residency anyway. This is why I don't think the DOCS report will amount to much.

    My suggestion is to write to the father's solicitor with your proposal for consent orders.
     
  6. anne1988

    anne1988 Well-Known Member

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    Ok thanks, but I could also mention the judge asked me what the DOCS reports were (he assumed I made the reports, I think), so I explained the worker had two main concerns, one was inadequate supervision, and I asked what does he meant exactly where he replied the child who's only 3 was found wandering a few doors up and (I think) he said the police noticed no one was at the house and the father was later found at the local club. And secondly, he was recently arrested for DV and has a current DV order (that's been proved).

    The court advised I was making serious allegations of the police/DOCS (from this report). I said I wasn't making allegations just saying what I was told over the phone. Do I back out and settle for an amended consent order or should I try again maybe with a relocation order?

    I just don't understand. Yes, DOCS may have closed their case but all of this has happened whether recent or not and this would never occur if the child was with me. Yet like I explained, I'm too afraid to sit before the judge again. It didn't go well at all and I realise now what I did (according to the family law) was not the best option and I walked out feeling like a fool.
     

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