VIC No Family Court Orders - Father Took Daughter Interstate?

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Michael Townsend

Active Member
7 October 2016
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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.
 

AllForHer

Well-Known Member
23 July 2014
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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.
 

Michael Townsend

Active Member
7 October 2016
5
0
31
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.
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.
 

AllForHer

Well-Known Member
23 July 2014
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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.
 

Michael Townsend

Active Member
7 October 2016
5
0
31
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.
She can self represent ? Is there a guide ,a step by step publication or information web-site you could point me to.
 

AllForHer

Well-Known Member
23 July 2014
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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.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
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