WA No Family Court Orders - Take Kids for the Day?

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Phil 363

Active Member
15 December 2016
9
1
34
Hi.

Wondering what would happen if I took my kids for the day when there is no VRO or restraining nor any family court orders in place. I haven't seen my kids since Father's day and I've only had very limited phone contact.

Cheers.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Nothing - legaly nothing stopping you. Is is a good idea? Hell no.

So you're better off using this site to get some assistance on how to get more permanent arrangements for you to see the kids. What have you tried so far?

So the reason is that it is a bad idea. Clearly the ex is intent on keeping the kids away from you, true? If you pick up the kids up unannounced from school or wherever, she will work even harder to keep the kids from you and no doubt that will only make your life even worse...

Mate, I know - how can it get even worse is what you're thinking. I understand I have been there, too

Just get yourself to court - learn to self represent if you have to. This site can help with some of that stuff.
 

Phil 363

Active Member
15 December 2016
9
1
34
Nothing - legaly nothing stopping you. Is is a good idea? HELL NO.

So you're better off using this site to get some assistance on how to get more permenant arrangemetns for you to see the kids. What have you tried so far?

So the reason it is a bad idea is that clearly the ex is intent on keeping the kids away from you??? true? If you pick up the kids unannounced from school or where ever she will work even harder to keep the kids from you and no doubt taht will only make your life even worse...

Mate I know - how can it get even worse is what you're thinking.... I understand I have been there too

Just get yourself to court - learn to self represent if you have to. This site can help with some of that stuff.
Nothing - legaly nothing stopping you. Is is a good idea? HELL NO.

So you're better off using this site to get some assistance on how to get more permenant arrangemetns for you to see the kids. What have you tried so far?

So the reason it is a bad idea is that clearly the ex is intent on keeping the kids away from you??? true? If you pick up the kids unannounced from school or where ever she will work even harder to keep the kids from you and no doubt taht will only make your life even worse...

Mate I know - how can it get even worse is what you're thinking.... I understand I have been there too

Just get yourself to court - learn to self represent if you have to. This site can help with some of that stuff.
Hi.

Yes, she claimed that I have been too physical in disciplining them, which is not the case. I have legal rep. She took the kids out of school for 6 weeks and I didn't know where they were. I have done mediation but she did not attend. I have a certificate from the mediator as well and I have my parenting orders written up and ready to be sent to the courts.

We came to an agreement but failed when she would say yes then no. This has happened several times. I have compromised several times but it was all on her terms. I'm not really happy with the arrangement so I was just wondering what would happen if I took the kids as she has no proof of what she is claiming.

The boys wanted to come with me in the first place.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Look I understand - but jeopardising having a long term relationship with your kids for the sake of a few hours ain't worth it. She is gonna do all she can to keep you away from your kids and lifting them for a few hours is not gonna help your cause.
 

Phil 363

Active Member
15 December 2016
9
1
34
Was thinking of not just a few hours and going interstate with family, as there is non here. As I said, the boys wanted to be with me in first place but if its going to be a problem, I won't.

I know two wrongs don't make a right but running out of funds is not fair on them and me. I recon I won't see them over Christmas.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Have you made an application for court? This site can help with getting you to court but taking them away for a while is gonna mess up the family law case.

How old are the kids?
 
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Phil 363

Active Member
15 December 2016
9
1
34
Yes, I have all ready to go.I just need lawyer to send them off $3500 later and now they want more.

11-year-old, 8-year-old, 16-year-old but the 16-year-old does not want anything to do with me, but the other 2 do.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Phil, stop spending money to start with. Congrats on getting 60i certficate. Now trust me when I say this and as Sammy has said, don't do anything stupid for the sake of a few hours visit...

I, too, am looking down the barrel of a lonely Christmas as our next court case "interim" is at the end of Feb. And believe me, she as would be your ex is just itching for us blokes to do something stupid in the mean time.

Don't do it.

Right, next is course of action...fill out the Initiating Application ( family law ). It's on the family law courts website. Attach your affidavit, all of your supporting annexures, a notice of risk, your parenting plan. This is what you should be spending all of your waking hours on at the moment. This paperwork. Then submit it all online after you've been to a JP.

Next Sammy gave me great advice...Get the book "Breaking Up" read it cover to cover, while waiting for your court date.

Its seriously hard work to dial down the testosterone when it comes to your kids...when you want to walk on in and scoop them up and say they're coming with me. But unfortunately, this is frowned upon. If you're getting crazy urges...jump on here, vent it out or call one of the help lines...I hit rock bottom a few weeks ago...I turned up at my local gp and was able to see him straight away...best thing I ever did.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Yup, you take the kids and you'll shoot yourself in the foot. If I had my time again, I would have used solicitors a hell of a lot more sparingly and instead of spending about $30 000, I reckon I could have spent less than $10 000 for the same result...

The most significant difference is when I went through it 5 years ago, I was not aware of this site and there wasn't as much free info to be sourced - or maybe I was but wasn't aware of it at the time.