SA Mother Moving with Kids After Court Proceedings - Recovery Orders Possible?

Discussion in 'Family Law Forum' started by Lopy, 17 August 2018.

  1. Lopy

    Lopy Active Member

    Joined:
    17 August 2018
    Messages:
    7
    Likes Received:
    0
    Good afternoon everyone.

    I'm wondering if anyone could give me an educated guess on the likelihood of recovery orders being successful?

    Long story short - the father has been seeing his 2 children for 6 hours a fortnight. This was by FDR. The judge and ICL said (at the time) as this was the status quo they can't make it less time than that, however, given the serious safety issues, they certainly won't be allowing more time and overnights will not be allowed.

    It is coming up to 3 years of family court proceedings. The mother is saying that once it is done, she will be moving. The move she is planning would be a 7-hour drive, though it would take the children interstate. She is of the opinion that she will be doing it regardless as her husband has to move and she won't be without him.

    She has said that given the circumstances, etc and that she will drive the children to see their father once a month stay overnight and they spend both Saturday and then Sunday (presuming they stay with her at night) that he won't be able to get her back in the state as it would be the same amount of hours just look different. I don't know if it makes any difference, the last family assessment they had was in support of the father seeing the children for 2 hours a fortnight supervised and for the mother to be able to relocate.

    The children are both female and aged 8 and 9. The safety issues are of a sexual nature and the person responsible for that (found to be substantiated) is actually a relative or the children and their father who also resides w8th the father and is a minor. The father also doesn't believe it was as bad as it was found to be and that it's all blown out of proportion.

    The mother says this is why she won't be made to have the children live with their father if she refuses to come back. I don't know what sort of help I should be suggesting to her so hoping for some insight.

    Thank you
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,470
    Likes Received:
    504
    dad is fighting an uphill battle given the age of the kids and the restrictive nature of the orders, the relocation isn't gonna impact on dad's time with the kids.
     
  3. Lopy

    Lopy Active Member

    Joined:
    17 August 2018
    Messages:
    7
    Likes Received:
    0
    Thank you for the reply @sammy01
    I thought it may of been a "to hard" one for advice.
    I'll let her know that. She has said that she is sick and tired of trying to do everything right and it just dragging on when I told her to apply for relocation :/
    I can't blame her, with all that she and the children have gone through. But just worried after reading some things that she would be told to come back anyway. I read something about the courts in other cases have said the children can't live with the other parent so the one that has moved has been made to move back again. You don't think that's a real possibility?
    I'm just really worried about her and her girls. I have watched them all go through hell for the last 5 or so years with it all.
     
  4. Lopy

    Lopy Active Member

    Joined:
    17 August 2018
    Messages:
    7
    Likes Received:
    0
    what sort of visitation time would make it that their other parent has a s**t at a recovery order? What I mean is, is there a general thing like parent A sees the children x amount of days in a year and that moving would mean that parent would see them less so they can't move? Or is it a distance thing?? Sorry that's just my own curiosity on how it works- I haven't been through anything like that but only seen what she has been dealing with and so I don't understand any of that
     
  5. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,470
    Likes Received:
    504
    There are no hard and fast rules.... I've read lots of relocation cases and am mystified as often as I'm in agreement with the decisions. So IF relocation is gonna signficantly change the arrangements then it is gonna be a tough case to win. So back in the day I had 5 nights a fortnight. The ex wanted to move 8 hours away. This would mean I'd only see the kids in holidays... The ex didn't bother taking it to court. I'm assuming that is because she was advised that her chances of winning were 50/50 at best.

    Your mate is better off getting approval to move. IF she moves, the court could order her back until the court has time enough to make a proper determination.... Lots of expenses, moving, moving back then after the case moving again... best avoid that. Seek permission from the court. Don't move until it is granted. Simple
     
    Lopy likes this.
  6. Lopy

    Lopy Active Member

    Joined:
    17 August 2018
    Messages:
    7
    Likes Received:
    0
    Yeah that's what I was worried about and told her that. She is convinced though that she will flatly refuse because they won't give him their girls :/
     
Loading...

Share This Page

Loading...
gt;