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VIC No Family Court Orders - Father Took Daughter Interstate?

Discussion in 'Family Law Forum' started by Michael Townsend, 11 October 2016.

  1. Michael Townsend

    Michael Townsend Active Member

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    The daughter is two years old and her father, who is estranged from the mother, has taken the daughter interstate, kidnap-style.

    The mother who,out of the kindness of her heart, wanted the little girl to know her dad regardless of the relationship status,is now distraught, as you can imagine. There are no family court orders in place so the police say nothing can be done?

    Please help! Urgent.
     
  2. AllForHer

    AllForHer Well-Known Member

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    The police can't do anything. It's outside of their jurisdiction.

    However, the mother can apply for a recovery order to have the child returned to her care. She should speak to Legal Aid about this, they can offer free legal advice.
     
  3. Michael Townsend

    Michael Townsend Active Member

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    Legal aid are
    Hopeless in Tasmania justice is always at a price , this person is poor and therefore she will get a poor outcome.so sad for her. Legal aid in tassie are an advice and referral service only ,no good to anybody please don't recommend them as it will only add to the frustration.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Well, there's no go-to law that automatically enables the return of a child who is not subject to a parenting order, so she can file for a recovery order through the Court, and she can do that either by self-representing or getting a lawyer, but I really don't know what to tell you beyond that.
     
  5. Michael Townsend

    Michael Townsend Active Member

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    She can self represent ? Is there a guide ,a step by step publication or information web-site you could point me to.
     
  6. AllForHer

    AllForHer Well-Known Member

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    For self-represented litigants in family law matters, one of the best guides available comes from Legal Aid Victoria and can be downloaded here: How to run your family law case | Victoria Legal Aid

    She might also like to take advantage of forums like this one, and use Legal Aid's free advice service to fill in any spaces and have any questions that she might have answered.
     
  7. Tim W

    Tim W Lawyer

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    Who are you in all this?
     

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