NSW Keeping Kids Away from School - Are My Reasons Valid?

[finoallefine43]

Hey - a tough one here. My ex recently defaulted on our agreement with the kids during the school hols and I went almost three weeks without seeing them until I was able to collect them from school last Thursday after they resumed on Wednesday.

Mediation has failed so family court orders are next for us. The issue is, my ex has also moved address and is refusing to disclose this, which means if she takes the children away from me again then I would have no idea where they are living, which would be insane!

I kept the girls away from school for Friday and will most likely for tomorrow to avoid her coming in and taking them - I have given her my reasons why and also explained to the principal but know I can't keep them off school forever too.

Are my reasons valid enough to keep them off school?

 

[MartyK]

Not for any extended period unless there are concerns for the children's safety.

Have you filed your initiating application? You should probably get onto this quick smart.

 

[finoallefine43]

There are concerns for the children's safety, in the fact that if she takes them after her initial stunt, I will not have any idea where they are.

i've not filed the initiating application as yet but will do so tomorrow night

 

[MartyK]

i've not filed the initiating application as yet but will do so tomorrow night

Good idea.

In terms of your safety concerns. I do understand that you would be concerned when you do not have an address for her, but do these concerns extend to you thinking she will actually pull the kids out of school and abscond?

I understood you to say that she had taken the children to school at the commencement of the school year.

 

[finoallefine43]

Good idea.

In terms of your safety concerns. I do understand that you would be concerned when you do not have an address for her, but do these concerns extend to you thinking she will actually pull the kids out of school and abscond?

I understood you to say that she had taken the children to school at the commencement of the school year.

Correct she did and yes I am actually concerned on both of those points....

 

[sammy01]

No - this is madness... Do you fear for the well-being of the kids while with mum? As in is she abusive / neglectful? Stupidity on her part does not justify stupidity on your part... You can't keep them out of school indefinitely, so why do it even for a day? Let her abscond, then apply to court...

You've helped her case. Her case will be that you guys can't effectively co-parent, there is high conflict and the kids are used as pawns in this stupid game and guess what - she is right... She chose not to give you her address, so you chose not to send the kids to school. Tit for tat don't look good in court...

You had the upper hand - she was behaving like a twit... Instead of taking that advantage to a magistrate to sort out - you have thrown that advantage away. Learn the lesson... Now she is gonna withhold the kids and justify it by arguing that she has to because you don't think school as important...

 

[Hayder Shkara]

Mediation has failed so court orders are next for us, the issue is my ex has also moved address and is refusing to disclose this which means if she takes the children away from me again then I would have no idea where they are living which would be insane!
i kept the girls away from school for Fri and will most likely for tomorrow to avoid her coming in and taking them - I have given her my reasons why and also explained to the principal but know I can't keep them off school forever too, are my reasons valid enough to keep them off school??

It isn't a valid reason to keep them out.

If it's a matter of finding out where she lives, you file an initiating applicaiton ASAP and make an interim order for her to disclose her address.

Is there any reason as to why she isn't disclosing? e.g. some women don't disclose their addresses because there been a history of DV?

 

[MartyK]

Correct she did and yes i am actually concerned on both of those points....

Kids can be absent from school, for a couple of days, for any number of reasons.

Do you have any hard evidence that she may abscond with the children? Not just a hunch?

I am surprised, if the mother knows your address, and the children would usually be in her care, that you have not been contacted by the police? At the very least for a welfare check?

There is obviously more to this story than you have written here.

 

[AllForHer]

I'm with sammy01 on this.

Taking the kids out of school to prevent the mother from seeing them is fighting fire with fire, and I can't think of a single case on record where the Court has condoned such behaviour.

Failure to disclose an address does not in any way constitute an unacceptable risk to their safety or well-being. If she refuses to disclose her address, that looks bad for her, but if you decide to violate the kids' right to an education because of that failure to disclose, it looks even worse for you.

Send the kids to school and follow the proper avenues to get your time with the kids secured. Jeopardising the kids' education to fight out a custody battle with the mother is just crazy.

 

[MartyK]

If there is an eminent risk that a parent may be a flight risk (child abduction) and the other parent can provide the Court with evidentiary proof, the Court will take this into account when viewing the children's short absence from school. Depending on the other facts, this action in itself should not 'jeopardise' his case.

If the OP's answer to my question about hard evidence is in the affirmative, then depending on what the evidence is, he may be able to show just cause for his actions. He should also seek for his application to be heard on an urgent basis. If the answer is in the negative, then I agree he should return the children to school and follow the 'usual' process.