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VIC No Custody of Children Order - Take Back Custody of Child?

Discussion in 'Family Law Forum' started by lostsoul33, 18 May 2015.

  1. lostsoul33

    lostsoul33 Active Member

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  2. AllForHer

    AllForHer Well-Known Member

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    If the child ordinarily resides with you, you can apply for a recovery order through the court to have the child returned into your care.

    Where there are no existing orders, a recovery order should be accompanied by an initiating application for parenting orders relating to the child's care arrangements.

    If you remove the child from the other party's care without following the proper avenues, the other party will also be entitled to file for a recovery order against you.

    It's important not to fight fire with fire in circumstances where the child has been removed from your care without your consent. Instead, it's recommended that parties follow the proper avenues for dispute resolution, rather than engage a game of tug o' war with the child's other parent. The court looks highly on parents who conduct themselves in such a way that they ensure the child isn't exposed to conflict or placed in the middle of the dispute, and it frowns upon unilateral decision-making by either parent.

    For more information about recovery orders, see here: Recovery orders
     
    Darren barrett likes this.
  3. lostsoul33

    lostsoul33 Active Member

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    I have followed the law all the way its been 32 wks and court date has been given in july i have no visitation and i just dont understand how it can take so long and how it must be affecting my yound child
     
  4. lostsoul33

    lostsoul33 Active Member

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  5. AllForHer

    AllForHer Well-Known Member

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    I understand your frustration - an under-resourced and over-burdened court system means even family matters marked urgent are notoriously slow to progress.

    However, as proceedings are under way, it is vitally, vitally important that you continue to follow the right avenues. The court will be watching to make sure the other parent's reason for removing the child from your care was not justified, and recovering the child by force will negatively impact your case against the other party because you will basically be proving recklessness.

    Are you self-represented? Are there any interim orders in place, or applications in a case pending for interim orders?
     
  6. lostsoul33

    lostsoul33 Active Member

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    No i have a lawyer application has been appied to the court as the other party has not attended mediation and has only just sort legal representation
     
  7. AllForHer

    AllForHer Well-Known Member

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    Then it might be worthwhile requesting that your solicitor file an application in a case seeking interim orders that instate some contact between you and your child. It surprises me that it's been ongoing for 32 weeks and there are no interim orders yet in place.
     
  8. lostsoul33

    lostsoul33 Active Member

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    visitation was agreed to late December between myself and my xpartner he allowed 5 2hr visits the last being xmas day then he said he was going away and would reply to messages or answer my calls and hasnt since and nothing has been done
     
  9. AllForHer

    AllForHer Well-Known Member

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    If I may, when was your last mention?
     
  10. lostsoul33

    lostsoul33 Active Member

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    Mediation was 31st of march and the other party didnt show up. Received letter on 12/5 saying application with fcc australia.and is listed to proceed on 27/7. I was told prior the it would be listed on 25/5 and still wait to be contacted regarding why? The date is so far away ?
     

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