NSW How Do I Get My Son Back Under Family Law?

[sammy01]

so you asked, "But there wasn't anything about interim orders or final orders, I don't know why? Praying that doesn't delay anything!"

Don't think it will delay.

I think legal aid are happy to fund the recovery order but anything after that will be dependant on you funding it... That ain't a bad thing. So when you get the child back you can offer dad to enter into consent orders pertaining to visits.

I reckon one of the stupulations could be that the orders are permenantly suspended in the event the father doesn't comply...

Short version - if he doesn't play nice you don't have to continue playing nice. Not sure if the courts will accept it but worth asking.

 

[Erica]

I got a court date - One week! I'm so relieved it's not funny, knowing that they saw it as urgent gives me more confidence that the recovery order will be successful.

I would've been devastated if it was long than a month, so one week is the best best news.
One step closer to seeing my little boy!

 

[sammy01]

Good to hear. Please let us know how it goes.

 

[Erica]

Court is tomorrow at 9.30. I received a call from my solicitor this afternoon. F has agreed to return S voluntarily, I don't know when but was told that they were looking at flights.

The court hearing is still on, they (not 100% sure who but assuming his solicitor) are hoping to do final orders tomorrow.

I've no idea where to start, let alone end with what to include in it so I'll be heavily relying on my solicitors experience. One night is definitely not long to consider something this serious, but I'm thinking that orders are safer/better for all involved, yes?

Any hints/tips/experience regarding the negotiation process or 'non standard' inclusions you can think of would be greatly appreciated!

 

[sammy01]

Half holidays - shared travel expense
phone communication / Skype communication once a week.

I doubt there will be final orders tomorrow. In fact, I seriously doubt it...

I reckon magistrate will order mediation - but I reckon you'll sort consent orders between yourselves with no real worry - especially if you can be big enough to let his recent antics go.

 

[Erica]

It took quite a few hours, but we did agree on final orders. I didn't let his 'recent antics' go, I did my best to ensure that this won't happen again. The magistrate was amazing and really helped fascilitate final orders being made today.

Best of all, after five long weeks my son is lying next to me asleep in bed.

Thank you for the information you've shared and for taking the time to do so. I had zero knowledge of or experience with family law and was in a bad place emotionally, your posts really helped so thank you

 

[sammy01]

Glad to hear - so what were the final orders?

Just out of interest, did the magistrate give the ex a serious talking to about his actions?

 

[Erica]

As you'd expect the main items negotiated were time spent, expenses and changeovers. We agreed on half school hols, at F's home interstate, he pays travel expenses, and changeovers to be at the airport 10km away (he wanted the airport 110km away). Both are international airports and both similar costs but the location was a sticking point for me. Phone calls (facilitated!) twice a week. Joint parental responsibility.

My advice would be to never withhold the child or to cut contact unless you have a very good reason to do so (ie abuse of course). There were no doubts that the judge was not happy about his actions, the proceedings were very much positive/weighted on my side and I was in a strong position to negotiate.

Ex was not in attendance, but he was called on speakerphone and given a 'serious talk'.

I know that I was lucky. The family courts are full of parents that are hurting and I really feel for them. In my case the system worked, and I'm very grateful for that.

 

[AllForHer]

That's a great outcome, congratulations. Hopefully, the judge has talked some sense into dad and things can start improving for the future.