QLD My Chances In Urgently Getting Current Parenting Orders reversed?

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27 October 2018
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Hi all,

I am in Qld, and I've currently got existing parenting orders in place of less than 12 months old due to my ex refusing to let me see my kids more and had started withholding them from me (he has had the higher care ratio so far as he refused to give them back to me). However, the entire time the orders have been in place, my ex has been contravening them WITHOUT reasonable excuse/reason and has NO care factor in attempting to start following them despite having given him warning that he is doing so and could get in a lot of trouble. He has the opinion of "I have the higher care so your opinion doesn't count indecision making etc".

I have tried reasoning with him but he refuses to listen especially when there has been a strong history of family violence/domestic violence involved and he is a sociopathic/borderline narcissist to the point where I was a victim of many years of abuse from the family until I'd finally had enough and had to get out right after being put in hospital from his mother.

Anyway, without going into too many details as to not give away personal info, I am NEEDING to get the kids OUT of his care ASAP due to extensive (in black and white) documented evidence to prove that there is a lot of neglect towards the kids healthcare, well being and of course their safety. I have already got solid evidence from their school, solid evidence from the hospital and more documentation coming from the doctors as well.

The kids are struggling so much that one of them is to the extreme point of lashing out physically towards not only other students, teachers and towards other family members, also lashing out verbally as well to those around them. As far as putting themselves into harms way by climbing on top of buildings, throwing huge rocks, sticks, sand, and more towards others around him. The other one is to the point of being so withdrawn, emotional, self conscious, and has been classed as being mentally disabled struggling so much with school as they don't get genuine help. To the point of me being told that they will REALLY find it difficult and will struggle when going into high school next year. One child has literally been out of school for over 22 weeks so far this year (solid hard copy evidence) and often times because 'he didn't feel like going that day'.

The documentation I've got proves that there is a strong history of anger management issues from the fathers side, and strong evidence that it has clearly gotten worse the longer they've been with him. Naturally while it's been about 4 years the kids have been mostly in his care, I am honestly hoping for their own safety etc that the evidence will overrule this time frame for sure? The kids will end up moving town (they've been going back and forth now for that same time so they aren't unfamiliar with this), but they will also therefore be completely changing schools.


My concern is that I won't have a chance to get the kids OUT of his care and to safety, to be able to get them the better help they urgently need in order to get them back on track as soon as possible that he is CLEARLY neglecting to do so as per the solid evidence that I've got in my possession?

Can you please give me some help here? Thank you
 

Rod

Lawyer
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Go back to court requesting new orders as the current ones are not working. This is unlikely to be DIY unless you are prepared to put time and effort into understanding how you go about doing this and overcoming the court threshold on throwing out/amending current orders.

If you don't have the money to see a lawyer, go to your closest community legal centre for some initial help.
 
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sammy01

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27 September 2015
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what exactly do the current orders say (paraphrase if you want) How much time with you? how much time with dad?
Has this been to court already? and final orders made?

Why all the questions? Well if this has already been to court and the final court orders are less than 12 mths old, I would think you'd find it hard to get the orders reversed.
 
27 October 2018
4
0
1
Go back to court requesting new orders as the current ones are not working. This is unlikely to be DIY unless you are prepared to put time and effort into understanding how you go about doing this and overcoming the court threshold on throwing out/amending current orders.

If you don't have the money to see a lawyer, go to your closest community legal centre for some initial help.


Thanks for your reply Rod. I have been doing A LOT of research and been gathering loads of information to help myself as well. I've been going to both community legal centres and spoken to two lawyers (1 at a cost to myself as it was urgent) but both have said I've got a good case against him due to the evidence. I am also wanting to know from other people themselves, rather than just a lawyer what my chances might be too?

I certainly agree that it won't be a DIY case either so I am well and truly prepared to go see the local community legal centres for sure.

Thank you again
 
27 October 2018
4
0
1
what exactly do the current orders say (paraphrase if you want) How much time with you? how much time with dad?
Has this been to court already? and final orders made?

Why all the questions? Well if this has already been to court and the final court orders are less than 12 mths old, I would think you'd find it hard to get the orders reversed.




Current orders were sought and made to make our already occurring arrangements firm as such, as the father started keeping them away from me for NO real reason. However they are basically - shared care with other parent, every second weekend swap over, half holidays and alternate the bigger special events like Easter & Christmas. Father is meant to inform of ALL medical/school but has contravened this the entire time.

As for 'all the questions', I'm new to all this and therefore I am trying to simply understand what on earth I am meant to do as best as I can so please don't judge me for that when I am trying to do what ANY real parent would do in making sure they can give their kids the best chance at being safe.
 

sammy01

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27 September 2015
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No I meant WHY ALL THE QUESTIONS. As in why im asking all the questions.. So the folk here can give you good advice. I was not having a go at you.
So it is 50/50 care according to the orders? and is dad complying with that?
What order is dad not complying with? Sorry just hard to give advice without knowing the story...
 
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27 October 2018
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No I meant WHY ALL THE QUESTIONS. As in why im asking all the questions.. So the folk here can give you good advice. I was not having a go at you.
So it is 50/50 care according to the orders? and is dad complying with that?
What order is dad not complying with? Sorry just hard to give advice without knowing the story...



Sorry Sammy01, it IS hard and it's harder to give enough details of the background without going too far as well.

OK, so as stated earlier, currently the dad has got the kids most of the time ONLY because he refused to give them back to me, and then he started to keep them from coming to see me after I asked him to see them more. I honestly didn't think that was too big an ask really?


***********************************************************************************************************
In brief:
Mostly with the dad, stays with me every second weekend, half of school holidays for both Easter & Christmas, but the full block of holidays for winter/spring. We alternate the big events like the Easter/Christmas.

Dad is meant to inform me of EVERYTHING when it comes to the kids schooling and medical of which he has continued to contravene this part the entire time and shows NO care in abiding by the orders as he is meant to. Along with that, he was meant to inform all treating practitioners that we have got orders and supply them with a copy in order to allow me to request information as I need to but failed to do so.

I have since found out how BAD things have been going over there for the truth (WITH solid documentation) so getting the kids OUT of his care is now paramount for the safety of them.

***********************************************************************************************************

Does that make any better sense???
 

sammy01

Well-Known Member
27 September 2015
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Ok I'm still a bit lost. So the orders say the kids live with dad? spend alternate weekends with you? YES?
And has this been happening? mostly? not at all?

Next - how did dad come to have approx. 70% care? agreement? or court?

So the main problem is him not keeping you informed? Well contact the school and get them to inform you of stuff directly.

If the kids are in danger with dad then contact doc's.