QLD Homeschooling Issue - Should Father Fight for Custody of Children?

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thatbloke

Well-Known Member
5 February 2018
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Current consent orders to state "unless otherwise agreed" however the issue we have is we have no text message evidence to prove. We do have the birth certificate that she took a photo of, now her Medicare details and the fact that the she packed up a heap of the child's stuff. Is that sufficient?

School is happy to enrol her anyway and understand that she is a lot behind due to above reasons.

We have already made an application for a birth certificate and are in the process of getting her Medicare details copied (not transferred) to Dad's card.

We were not intending on asking her for child support. She doesn't make more than the self-care threshold anyway so we wouldn't get anything and Dad isn't entitled the family tax benefit because of what he earns. We will still need to get in contact with Centrelink and child support though and tell them that child is in our care and that we have a private agreement between parents that child support will be $0? Is that right?

All we need to do is get immunisation history but we need Medicare stuff to go through first so we can access the account.

Is there anything else we need to do regarding Mother that we may have missed?
Family tax or not you let centerlink and the CSA know (one or the other) and voila.. there is your paper trail
 

Cairnsdad

Well-Known Member
10 January 2016
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As soon as you notify Medicare you are separated they reissue new cards with kids on both parents I believe. If you don't have your children on your card then it is likely you simply haven't asked Medicare for a new one.
 

Cairnsdad

Well-Known Member
10 January 2016
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Hi nibler,
An example............ I have final orders in place from 2015 giving 7/7 shared custody of my sons with mum and equal parental responsibility (standard stuff). A few months after the Judge's stamp dried, mum text me one day saying she had to leave town 'for a bit' and could I take care of them 100% until further notice. After a few weeks of texts asking her when she would be back which she didn't reply to I contacted CSA as I was paying her at that point even for 7/7 to update the change in circumstances. It all created a paper trail as others have pointed out above as both CSA and Centrelink obviously had to contact mum for verification which she did eventually after a few months.
Be positive firstly because you can now give stability to your child which it seems they desperately need. Don't sweat the details feeling you need to prove she relinquished custody because if that time comes that she contests it then there will be enough evidence to support it via the school, family members, neighbours, sports clubs etc etc.
All of that will be basically irrelevant if your child starts to do well in a stable environment because that will be what the Judge would be more concerned about if she changes her mind in the future (don't forget she would have to take you to court to have the orders enforced again as you have full time care now)
Don't over think the game because you miss the end goal and that is your child being happy and healthy and mum just might realise that the best chance for your child to have that is with you.

Cheers
 

nibler1300

Well-Known Member
23 January 2017
50
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Update:
Child has started Primary School and is currently LOVING it! Could not be happier with her attitude and behaviour at school and at home. Completely different girl.
Principal was very upfront with his need to contact Mother or Police to verify whether child was stolen or withheld. Father willingly handed over all of Mother's details and Mum verified that child is in Dad's care and enrolment can go ahead.
Mother was listed on enrolment papers and she will receive all information that Father receives.

Mother has spoken to CSA (because she thinks she is entitled to more money? Go figure.... anyway....) and notified them that child is in Dad's care.
Father to contact CSA tomorrow to confirm child is in his care.

Mother has now realised that child is doing very well and has said "I would like something in writing saying that I have her back in January 2019 unless we agree that she is doing well and can stay there. Maybe we will make that decision in October for the following year".

I am asking advise on how to deal with this.

Obviously... We have the paper trail, in CSA contact, approval of school enrolment and verification with school that child is in Dad's care.
Does Father really need to sign anything?

Completely hypothetical situation.
If child goes with Mother in January 2019 and Mother enrols child in school (using Dec 2017 court docs), would the evidence above suffice in a recovery order?
 

nibler1300

Well-Known Member
23 January 2017
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Not looking for arguments about thinking about hypothetical situations.

I am just wanting to know whether the evidence we have would be enough to get a recovery order if needed.
 

sammy01

Well-Known Member
27 September 2015
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court orders are the default.
Getting a recovery order without orders that say the kid lives with you is problematic. But history is what matters. If you get a few months of consistent care up your sleeve then you're on a winner.
What arrangements are there for mum to see the kid? any sort of agreement?
 

nibler1300

Well-Known Member
23 January 2017
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Mum has agreed verbally to swap the current orders. So care for Mum would be 11 days in each school holidays, half xmas holidays. Alternating xmas/child's birthday each year.

Mother will definately not agree to anything in writing unless it says that she has the choice and it would need to be agreed that child stays.

What we are afraid of it child going back in Jan and Mother knows court waiting times so by the time court get around to the case, child would already be in school and judge won't want to uplift her from Mother's household. Even though Mother would essentially be doing the same in reverse
 

AllForHer

Well-Known Member
23 July 2014
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So, mum wants an agreement to uproot the child again in a few months time, unless someone says she's doing well? Who gets to decide how well she's doing? The parent who hasn't lived with the child for the past eight months? The school? A psychologist? Mary May from up the street?

If it were me, I would get maybe two months of current care arrangements up my sleeve, then start proceedings to vary the orders yourself. A change of residency is very much a significant change of circumstances to meet the Rice & Asplund threshold, plus you'll have an undisputed child support assessment and payment history that places you as the primary carer to support your case for formally changing the orders...
 

nibler1300

Well-Known Member
23 January 2017
50
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What do we do if Mother puts through a recovery order before then?
Remembering that the Principal actually called her to confirm that the child is residing with Father.
CSA has spoken with her as well.