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QLD My Sister will not Return My Daughter - What to Do?

Discussion in 'Family Law Forum' started by cheryl klease, 11 August 2015.

  1. cheryl klease

    cheryl klease Member

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    My daughter J is in Adelaide. I'm in QLD. She went to visit my family who I have not spoken to in 24yrs as they had never met. She was suppose to come back at Xmas holidays 2014. My sister W who J is living with has decided that after only 1mth there that J is not coming back.

    I cannot talk to J without W coaching her in the background, if I can get through at all. I have received no photos or phone calls after repeated requests. My daughter and I are very close, she slept in the same bed as me till the day she left. I find it hard to believe that after 1 month she doesn't want to come back as she is also close to her sister K, 15 yrs old.

    I'm a single parent, unemployed with no drivers licence and no public transport so I have no money and no way to keep legal aid appointments. I have signed no guardianship paperwork. She is legally mine and I would like her back but don't know what I can do under family law without transport and or money.

    Help Please!
     
  2. cheryl klease

    cheryl klease Member

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    Anybody have any thoughts?? It would be appreciated! :)
     
  3. AllForHer

    AllForHer Well-Known Member

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    I'm not sure what how much help you can expect to get when you seem to think transport and unemployment are good enough reasons not to pursue the return of your child to your care, but for the record, you can apply for a recovery order through the court.

    More information here: Recovery orders - Family Court of Australia
     
  4. cheryl klease

    cheryl klease Member

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    transport is a big thing when there is no public transport it is impossible to keep appointments and everyone says i have to come and see them personally and guess what i cant get to the court house to get the paperwork or fill it out i spoke to legal aid months ago and guess again have to go see them dont judge my position without knowing all the facts please
     
  5. AllForHer

    AllForHer Well-Known Member

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    I'm not judging anyone's position, but you've logistically ruled out every possible avenue. It seems you're unable to see a lawyer and you're unable to go to court, so that seems to rule out the legal avenues, wouldn't you agree?
     
  6. cheryl klease

    cheryl klease Member

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    my point exactly unless you are able to go and see people nobody seems to be able to help and so my sister keeps my daughter but this is the first time anyone has mentioned a recovery order so i will ring tomorrow and see what i can do i thank you for that bit of information
     

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