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QLD Partner's Ex Moved Interstate - How to Get His Child Back?

Discussion in 'Family Law Forum' started by step_mumma, 17 October 2015.

  1. step_mumma

    step_mumma Member

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    Just seeking some help as we are very distraught at this moment and have no idea how to tackle this!

    My partner has been separated from his ex for well over a year now. When they first separated she stopped him from seeing his child and he was not in a good place because they had a bad break up. Anyways, she ended up putting a Domestic Violence Order on him because he kept texting her to see his son ( harassment as she listed in the Domestic Violence Order). As soon as he was served with it, he pulled his head in and finally realized it's about his son. Not them. So basically for about 8 months now, both parties have been fine. She is now engaged and moving on with her life, him and I are fine, etc. and we got to see him every second weekend Friday to Monday on most occasions. There is no child support in place because both parties agreed, you buy your stuff, we buy our stuff, and if anything big comes up 50/50 split.

    Yesterday, we text her asking her what time she was dropping him off for our weekend to see him, as we have done for the last 8 months and she said she was in Sydney. Then we asked when they would be back, and she said that she doesn't know and it would be 3 months until we see him again. Which means we will miss out on his birthday and Christmas! Nothing was ever mentioned to us nor was it discussed. He has been pulled out of kindy and the majority of his family is up here!

    How do we get him back? Where do we stand? What can we do? Please help!
     
  2. mc_bean_2015

    mc_bean_2015 Active Member

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    Hi step_mumma you need to file urgent interim orders seeking her to return.

    I'm in the same boat. It only costs the amount to file about $440 for the hearing and the fee for your lawyer to draft up the affidavit etc, but you can self represent. Call legal aid in your state and see someone immediately as these things takes months to be arranged. Don't expect a hearing for at least 2-3 months. Legal aid can help you with the affidavit for free.

    The judge can tell the parent to return or they can send you to mediation or decided the parent can stay but must allow access to the child to return to see the other parent. It appears to be a crap shoot really but judges hate when one parents just picks up and leaves, it really irks them so you have a good chance of her being forced to return but these things take a while to set court dates etc.
     
  3. step_mumma

    step_mumma Member

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    Thanks for your help mc_bean_2015!

    Yeah we really should have done something like this from the start but we took the benefit of the doubt as things were going so smoothly. Family friend did also suggest a recovery order. Have you had much experience with this or where it fits into these situations?
    We were also told we needed her address for mediation, however again something she will not disclose.

    It's just so annoying when he/ we are trying to do the right thing and still be supportive of her and her new journey when she turns around and does this!

    Anyways! Thanks for your input and all the best with you situation also :)
     

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