QLD I relocated with children mum wants Recovery order

Discussion in 'Family Law Forum' started by yusuf, 2 June 2018.

  1. yusuf

    yusuf Well-Known Member

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    I need help here. We have final court order but ex has not shown interest in kids at all and this is mainly because the kids don’t like to visit her as she gives little or no attention to the basic needs of children.
    Recently I decided to relocate to Victoria with kids. It’s now 5 months since we moved to Victoria.

    If my ex filed for recovery order Does she have to be specific about the date I relocated with kids?

    After she lodges the application do I have to be served and called for the hearing? Or it will be issued without my notification?

    And where is she going to file the application in Queensland or Victoria?

    Thanks
     
  2. thatbloke

    thatbloke Well-Known Member

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    So, despite having orders you upped and absconded without consent? You deserve all that is coming your way. Disgusting behaviour. That is all
     
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  3. yusuf

    yusuf Well-Known Member

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    Thanks old man for your answer.
     
  4. AllForHer

    AllForHer Well-Known Member

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    1. No.

    2. You will be served with the application and it’s up to you if you attend the hearing. If you don’t, the matter may proceed undefended.

    3. She can file wherever she wants, but if she’s in Queensland, and you were in Queensland, then most likely, it’ll be filed in Queensland.
     
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  5. thatbloke

    thatbloke Well-Known Member

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    I might be old but at least I am not about to lose my kids because I broke the law..Do you actually expect people to support your choice?

    If you give the reasons you have given here for absconding you will be lucky if you ever see them again.

    I hope you have money set aside to move back up
     
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  6. yusuf

    yusuf Well-Known Member

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    Well I don’t think you are right.
    I have been the primary carer for these kids for the last four years and the mother gave up on seeing them after she repartnered.
    She’s told me on two separate occasions not to involve her in kids issues.
    Above all she’s always on overseas trips.

    The judge will definitely need to know why it’s in best interest in me moving to Victoria.
    And that’s when I will explain the whole thing.
    It’s not easy after six months in Victoria to just park kids and go back to Queensland! No it doesn’t work that way.
     
  7. thatbloke

    thatbloke Well-Known Member

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    You are in for a big shock when the police rock up on your door recovery order in hand. It seemed easy enough for you to leave illegally. The court wont care if you stay where you are. Primary carer or not, you did the wrong thing. WIthout consent you up and left.. So keep justifying it in your head if it makes you feel better.
     
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  8. sammy01

    sammy01 Well-Known Member

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    So you have been the primary carer for 4 yrs? When was the last time the kids saw their mum? Give us a bit more history...
    Look if mum hasn't seen the kids for a year or so, she is on a hiding to nothing.... IF she was seeing them up until 6 months ago and can demonstrate that you have been keeping the kids away from her AND you have now moved interstate... You're in some serious...
     
  9. yusuf

    yusuf Well-Known Member

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    Yes 4yrs but the orders allow mum contact with kids every second weekend which she never followed at all.

    The last time they saw the mother is on 12th/01/18 when she sent them back to me in a taxi and texting me not again to take kids to her.

    It’s me who has been trying hard to involve her in the kids life but she’s not interested as she has a partner and a child of that relationship.

    Another problem is that kids too have no absolute interest in going to their mums house and that’s why she’s been too reluctant to follow the court orders.

    On two separate occasions the kids left her house in the early morning all three trying to go to my house despite the fact that they even don’t know how to reach my house.

    It’s become so hard for me to settle in one job and at the same time care for three young children on my own. If memory serves me right I can say she followed the orders for like only two months between June 2016 and January 2018.
     
  10. thatbloke

    thatbloke Well-Known Member

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    So why is she going for the recovery order?
     
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