QLD I relocated with children mum wants Recovery order

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yusuf

Well-Known Member
23 December 2016
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ok - so you're worried about an IF?
Relax and get back to us IF....
The longer it takes the better... So I think u don't have much to worry about
Hi Sammy kids mum has now finally filled the recovery order got served this morning.
After all these months.
Any suggestions on this..... thanks
 

sammy01

Well-Known Member
27 September 2015
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You want to see a solicitor asap. The solicitor will advise whether or not you should attend OR whether or not you should get a soliciotor in QLD to attend on your behalf.

The only thing you've got going for you is how long it took her to apply to court.
 
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yusuf

Well-Known Member
23 December 2016
16
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71
You want to see a solicitor asap. The solicitor will advise whether or not you should attend OR whether or not you should get a soliciotor in QLD to attend on your behalf.

The only thing you've got going for you is how long it took her to apply to court.
True and that’s the first thing on Monday. Thanks
 

yusuf

Well-Known Member
23 December 2016
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71
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.

Hi friend
Need some help here, just to know what can happen. I have a court hearing in days.
I relocated from Queensland with kids 10 months ago now and settled fully in Victoria.
I was the primary parent of the children but mum allowed four nights in a fortnight which hasn’t been doing at all due to her lifestyle.
It’s now ten months mum is filing for recovery orders.
I was given two months to respond to her initiating Application and recovery order application. I will be attending via telephone as the matter was filed in Brisbane f c court. I’m representing my self.
What do you think. I know you are not a legal advisor.
 

yusuf

Well-Known Member
23 December 2016
16
0
71
You want to see a solicitor asap. The solicitor will advise whether or not you should attend OR whether or not you should get a soliciotor in QLD to attend on your behalf.

The only thing you've got going for you is how long it took her to apply to court.
I have been denied a solicitor cause the matter is in qld.
I’m attending via telephone and representing myself.
I’m just curious what the judge is gonna say because it’s been really long since I settled here in Victoria with children enrolled in school already.
What do you think. I know you are not a solicitor but you could have some ideas on what could happen
 

sammy01

Well-Known Member
27 September 2015
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Mate you're asking us to read the future... Either you'll be directed back, or you wont. OR the kids will be directed back and you can stay if you want.

Not what you want to hear, but I hope you're directed back. There is a chance the kids could be ordered into mum's care and you see them at weekends.

So you think you can walk into court and just tell the magistrate that mum wasn't seeing the kids so what does it matter? Well I reckon you want to be able to prove you did everything to encourage the ex to have the kids. Did you apply for mediation prior to moving? Did you ask her? Did you just up and leave. See the last one is not a great starting point because it looks a hell of a lot like you just don't give a stuff about the current orders, or the ex's relationship with the mum.

I'd start packing. If you really want to know opinions here. Well that is what you're most likely to hear because I reckon it is the most likely scenario.

But please get back to us and let us know how you go. I"m happy to be proven wrong.
 

yusuf

Well-Known Member
23 December 2016
16
0
71
Mate you're asking us to read the future... Either you'll be directed back, or you wont. OR the kids will be directed back and you can stay if you want.

Not what you want to hear, but I hope you're directed back. There is a chance the kids could be ordered into mum's care and you see them at weekends.

So you think you can walk into court and just tell the magistrate that mum wasn't seeing the kids so what does it matter? Well I reckon you want to be able to prove you did everything to encourage the ex to have the kids. Did you apply for mediation prior to moving? Did you ask her? Did you just up and leave. See the last one is not a great starting point because it looks a hell of a lot like you just don't give a stuff about the current orders, or the ex's relationship with the mum.

I'd start packing. If you really want to know opinions here. Well that is what you're most likely to hear because I reckon it is the most likely scenario.

But please get back to us and let us know how you go. I"m happy to be proven wrong.
Appreciate your comments though you didn’t seem like wanting to answer despite me asking in a humble way. Sometimes back you said it can be really hard for her because of time frame she never applied for the recovery just did it recently after almost ten months?
Anyway will let you know by Monday after court.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Yup didn't really like answering because I doubt you're gonna like what I wrote. Sure she took a long time in responding, yep the kids are settled etc so you have some good arguments. But shared parental responsibility means consulting before making major decisions... and on that one, you're stuffed. True?

Sounds like mum is a bit of a waste of space, maybe the court will see that perspective, maybe not
 

andy1986

Member
25 February 2019
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0
1
Appreciate your comments though you didn’t seem like wanting to answer despite me asking in a humble way. Sometimes back you said it can be really hard for her because of time frame she never applied for the recovery just did it recently after almost ten months?
Anyway will let you know by Monday after court.
Hi yusaf,
I have a similar situation , what was the outcome of the recovery and order?