SA Family Law - Partner's Ex Never Brought Back Daughter - What to Do?

[Mattfisch]

I need help as my partner and I have a blended family and her youngest child went for a visit to her father and he was supposed to return her on Friday just gone. He has made false claims of drug abuse in our house and stated that we have a lab there.

Two weeks ago, 6 police officers turned up with a search warrant to search the premises and after a search of the place turned up nothing. He is saying that he will not bring her back and as there is no order in place, he can.

This man is a lowlife that doesn't work and has brain damage from a car accident who smokes marijuana and pops pills all the time. I'm wondering what we can do now as the police have been notified and we don't even know where they are. The child has been taken out of a loving family where she is the centre of attention and spoiled by all.

Please help us on what to do under Family Law to bring home my stepdaughter and stop this from ever happening again!

 

[sammy01]

Your partner should text message the ex. Let him know that you're concerned for the child's safety and would like the child returned ASAP.

Contact the cops, ask them to do a welfare check on the child / father, (yep you've done that) but keep at the cops.

Contact a solicitor ASAP.

 

[Sophea]

Yes, speaking with a lawyer would be your best bet. If he doesn't return the child you may be able to apply to the family court for a recovery order.

Generally, you need a parenting order to get this, but a person concerned with the care, welfare and development of the child, (such as a person who the child lives or spends time with but there is no parenting order) may also apply. You will just need to file an initiating application seeking parenting orders at the same time as applying for a recovery order. Once you have a recover order, you can give it to the Australian Federal Police to locate and return your child

Check out this info sheet
Recovery orders - Federal Circuit Court of Australia