NT Help !! - Child Abduction and Abandonment

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Alice

Active Member
30 December 2019
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My former partner and I have Consent Parenting Orders. There is a young child involved. The relevant part of the orders are that during school holidays, each parent has the child in alternating weeks. During school term, I have the child for 4 nights every 2nd week. This access time, and stated within the order, takes into account my absences when I am working off shore.
By injunction, neither parent is permitted to take the child out of the state during school term without written consent of the other parent.

The other parent has taken the child from school weeks prior to school term ending and has moved permanently interstate in contravention of the orders.. The other parent was refusing my fortnightly access and phone calls to the child.

NT CRIMINAL CODE
202 Abduction of child under 16 years
(1) Any person who takes a child who is under the age of 16 years out of the custody or protection of that child's mother or father or other person having the lawful care or charge of the child and against the will of such father or mother or other person is guilty of an offence and is liable to imprisonment for 3 years.
(2) If the offender is an adult or if the child is under the age of 14 years, he is liable to imprisonment for 7 years.

I contacted police to make a complaint of child abduction under the Criminal Code, however, they refused saying, "take it to the family court". I complained to the ombudsman of police inaction, and they unfortunately agreed with police saying it is not a police matter.


After advising (by text) of the consequences of this serious breach and that I would be filing documents for the breach.... the other parent jumped on a plane with the child, dropped the child off at my door step and then apparently returned interstate.
Pursuant to the order, the other parent is to have the child from today however, whereabouts are unknown and does not answer the phone..
Under the order, while the child is in my care, I am permitted to travel interstate during school holidays with the child, if I give 14 days written notice. With no known address, I can not provide that written information.

The last message I had from the other parent was "you can keep him. I am going on holiday". I have no idea where the other parent is now, be it in Australia or back to that parents home country, or if and when the other parent will return..

The child is distressed as to where the other parent is, going so far as saying...".....doesn't want me anymore.."

I periodically work offshore and must travel off shore at end of January. I am at a complete loss as to what to do. Help....
 

sammy01

Well-Known Member
27 September 2015
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The cops wont help.
Call child support - make sure they know you're now the sole carer of the child. They are likely gonna contact the ex and the ex will not be recieving child support / family tax benefit.

What to do at end of January? take time off work?

What to tell the kid? The other parent loves the kid but needs a break to sort of some stuff. LIE - protect the kid from this bs. Hopefully the other parent will be back in contact in a week or two.

So if the ex has moved interstate - you're gonna need to file for court to get a recovery order. This is problematic... The courts don't really like telling people where they have to live. It gets messy and the ex might get to stay and you see the kid less. BUT the ex has done themselves NO FAVOURS with the way their going about this.
 

Alice

Active Member
30 December 2019
10
0
31
QUOTE - "What to do at end of January? take time off work?"

Impossible. I have a registered foreign company and the renewal must take place prior to February 17 and requires me to attend the Government Treasury Office in that country for fingerprints, photographs and verification of identity annually. If not renewed before 17 February, the Company is dissolved and all assets go to the Government.
 

sammy01

Well-Known Member
27 September 2015
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do you have a passport for the child?
Do you have someone who can look after the child while you go OS?
 

Alice

Active Member
30 December 2019
10
0
31
non-departure order in place for the child. I have no family to care for the child in my absence
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
oh dear. Mate you're not gonna get anywhere with the court system in that time frame. You're not going OS if the kid is still in your care so you really need to get the other parent to play nice OR become primary carer
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
Is there actually a federal police watchlist in place for the child? If not, I suppose you could travel and say that you had no choice as the other parent was not communicating and did not appear to collect the child at the ordered time. I can imagine that would be a case of "yes it's a breach but with good reason". If there's a watchlist, then that physically prevents travel though.
 

Atticus

Well-Known Member
6 February 2019
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2,394
The last message I had from the other parent was "you can keep him. I am going on holiday".
Obviously you retain that text message.... Basically, orders or not, if the other parent is non contactable (especially by choice) then you have sole parental responsibility until that parent contacts you... Anything you need to do to maintain the health & well-being of that child is going to be okay... that may include not divulging aspects of the current circumstances to help calm the kids anxiety as much as possible...

February 17 is still little ways off, & the other parent may surface by then, but you are going to have to make a backup plan that will allow you to travel on or before that date.....

I would be contacting the federal police, because it's they who have jurisdiction in the policing of family court matters, & in the governance of departure orders & watch lists.... It's possible that, given the circumstances, an emergency order allowing travel to a specific place for a specific time may be allowed... Need to get onto it ASAP though