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WA How to Ensure Daughter Returns from Visit Under Family Law?

Discussion in 'Family Law Forum' started by mnm, 29 June 2016.

  1. mnm

    mnm Member

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    Hi,

    Long story short, I would like some help on admitting my 13-year-old to go and see her father's side of the family, which means travelling on her own from WA to VIC where they live.

    I had an incident happen about 3 years ago where with the aid of his mother, my ex-partner tried to take my eldest daughter when we last visited VIC. We were living in WA but visiting VIC at the time. I decided to come back without him, although not stopping him from coming back to WA on his account. Both he and his mother decided to take the eldest and prevent me from taking her back to WA.

    I went to court in VIC got a recovery order for her came back to WA. We have settled through mediation and he agreed to have both my eldest and my youngest (also his child) live here in WA but is free to communicate and see them. In 3 years, he has seen them once and sometimes makes contact with the eldest through calls and social media. He has not paid child support for pretty much the whole time we separated, he has a criminal conviction in WA as well.

    Now more in respects to sending the eldest to go see him and the mother, aunties and uncles which most of them as far as I am aware still live under the same roof. Is there a legal way in family law to go about making sure if I send her, she will be returned without any drama?
     
  2. Rod

    Rod Well-Known Member

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    Short answer: No.

    The law is mainly reactionary and responds to incidents and does not readily prevent them from happening. Do you have family in Vic so he can have visitation with your family present?
     
  3. sammy01

    sammy01 Well-Known Member

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    Just checking - do you have court orders that say the kid lives with you?

    Look, technically, the answer is the same regardless of whether or not you have orders. If the kid goes to dad's and you have return tickets then you should expect the kid back...Court orders are helpful, but even with court orders I've found myself standing at McDonald's waiting for the ex to drop off the kids and it didn't happen.

    My opinion - make sure there is clear written agreements via email pertaining to pick up / drop off / flights. Something that clearly establishes an agreement for the kid to be returned. Just in case.

    Final thought - dad has dealt with and lost one recovery case already. Should have learned from that...

    Oops - one more final thought. Have a chat with the kid. Be gentle, because it is just a kid... But I'd have a chat about making sure that the child is on the same page as you as far as expectations.
     
  4. mnm

    mnm Member

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    Thanks for the info guys.

    No, no court orders in place at the moment, hence why I've asked to see if it's a definite go with going to court. It's more his family (aunties) asking for her to come over but I'm sure he will see her if she does go.

    I do have family over there but I don't really want to involve them with drama. Whether or not he learned his lesson the first time, I'm not 100% but I know they will think twice about trying to pull something like they did again if they know there is a court order. Also, yes my daughter is on the same page wanting to go but without the drama
     
  5. mnm

    mnm Member

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    I have papers through the mediation where he has agreed and signed that the girls be with me
     
  6. fbueller

    fbueller Well-Known Member

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    I'd say that the mediation isn't the same as a court order.

    Bottom line is that the courts will be reactionary and the best you can do is talk to all parties involved and try and be positive about it to the other parties (despite your concerns), that way they may feel that you trust them and may not feel "pushed" to do something desperate which sounds like that is your concern.

    Definitely be gentle.
     
    mnm likes this.

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