QLD Recovery of Child - What to Do Under Family Law?

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Sux2bMe

Active Member
30 April 2018
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0
31
Question about family law...

I have a situation where the child was "recovered" on the basis of a lie.

The ex chose to have no contact from birth, refused to sign the birth certificate, even went so far as to say he was not the father, and kicked us out two weeks after the birth to shack up with another woman.

Last year, he decided he wanted to be his dad and the court said that the "child had right to know" his druggie dad, though he had to pass drug tests before visits. I moved interstate for work with the court's permission, telling them where I would be living and working.

I missed his first and only contact date as I had pneumonia. The kid had a chest infection, and out of nowhere, I had the AFP at my door, 3 days before Christmas and they whisked the child across the state lines. Local police said "judge said you can't see papers" as to the reason of recovery.

Ostensibly, my kid was forceably taken and thrown in the "care" of a man he has never met, very far from his brother and me.

I couldn't do a thing with Christmas and New Year.

Though we were promised daily contact by the judge, there was none. One contact made in six weeks. Dad would not give his phone number, so there was no way for me to call, can't afford Skype, and his phone constantly has battery or other issues.

January came and NSW Legal Aid said I didn't qualify as child was in a different state, and there Legal Aid said didn't qualify as I didn't live there.

I went to a family conference, and the consultant was absolutely hostile towards me - though the child was rapt to see us. This was demonstrated in her written report. She has since left employment there.

I went before a judge for interim orders in Feb and was further restricted to three calls a week, max 30mins, with a massive gag order on things we can discuss. Invariably, the phone is switched off at their end til the last 5mins... So of the 46hrs "contact", we have spoken a maximum 4hrs.

His lawyer implicated themselves by citing that I was a flight risk? Remember I told them where I had moved to, further by saying that I hadn't answered affidavit, which she confirmed had been sent to my out of state address (not even listed on the Portal - they didn't alter their records until March though they knew, and lastly that "AFP said I wasn't at the residence as stated".

No, I was at work! So AFP came at 7am next morning (saying that they knew where I worked and lived) and whisked the child away.

The dad is now wanting me to pay for a paternity test, and seeking sole custody of children, with only my supervised visitation (3hrs once a month) across state lines, dragging the child with me and a heap of other restrictions when I have done nothing wrong.

The judge was lied to and the the fallout on the child is night terrors (never had at home), full time nappy wearing (had transitioned to undies), and always searching for his sibling (they shared a room at home).

I am due in family court in May - for what I'm not sure. Is there a way to stop this BS from progressing, 'cause neither of the kids is doing well from this?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Is there a way to stop it progressing?

There's no way to stop it progressing, per se - once proceedings are on foot, they're on foot until they're finalised, either with parenting orders following trial, consent orders following agreement between the parties, or both parties to discontinuing proceedings.

You can, of course, file an application in a case to have the interim orders changed, but nobody here can predict what the outcome might be. All we can do is provide some possible guidance on how to improve the likelihood of success.
 

Thefactsonly

Well-Known Member
30 January 2017
53
2
199
Am I reading this right?

You have always had the child in your care, and child had never seen dad/knew who dad was.

Court orders a specific time frame for a short visit to dad, which you missed due to sickness (??) - did you tell dad you were sick/child was sick?

Regardless the police turn up on your doorstep and remove child, send child to a different date and child now lives with dad?

I am not sure what I have missed but I am alsmoat certain I must have. I have never never heard of a child who had no idea who dad was suddenly being forced to live their away from primary caregiver, ESP considering it seems the child is so young??!!
 

Thefactsonly

Well-Known Member
30 January 2017
53
2
199
Sorry I need to clarify - dad is asking you to pay for his paternity test to prove he is the father so he can apply for sole custody?


What is the other side of the story here?
 

Sux2bMe

Active Member
30 April 2018
8
0
31
Is there a way to stop it progressing?

There's no way to stop it progressing, per se - once proceedings are on foot, they're on foot until they're finalised, either with parenting orders following trial, consent orders following agreement between the parties, or both parties to discontinuing proceedings.

You can, of course, file an application in a case to have the interim orders changed, but nobody here can predict what the outcome might be. All we can do is provide some possible guidance on how to improve the likelihood of success.
Is there a way to stop it progressing?

There's no way to stop it progressing, per se - once proceedings are on foot, they're on foot until they're finalised, either with parenting orders following trial, consent orders following agreement between the parties, or both parties to discontinuing proceedings.

You can, of course, file an application in a case to have the interim orders changed, but nobody here can predict what the outcome might be. All we can do is provide some possible guidance on how to improve the likelihood of success.
 

Sux2bMe

Active Member
30 April 2018
8
0
31
So how to improve success? I didn't do anything wrong in the first place, and the Judge signed off on a recovery based on lies!

Presently it has torn the siblings apart and I have had to resort to telling youngest, that my eldest "is on a holiday".
 

Sux2bMe

Active Member
30 April 2018
8
0
31
Sorry I need to clarify - dad is asking you to pay for his paternity test to prove he is the father so he can apply for sole custody?


What is the other side of the story here?

He's a obsessive control freak that didn't take to well to us getting on with our lives - apparently
 

Sux2bMe

Active Member
30 April 2018
8
0
31
Am I reading this right?

You have always had the child in your care, and child had never seen dad/knew who dad was.

Court orders a specific time frame for a short visit to dad, which you missed due to sickness (??) - did you tell dad you were sick/child was sick?

Regardless the police turn up on your doorstep and remove child, send child to a different date and child now lives with dad?

I am not sure what I have missed but I am alsmoat certain I must have. I have never never heard of a child who had no idea who dad was suddenly being forced to live their away from primary caregiver, ESP considering it seems the child is so young??!!

Child knew there is a dad, no time spent together, no birthday cards or gifts etc - fathers choice. Court order was for dad to travel to us, after negative drug test, to supervised visit at contact Centre. Me and child were Doctor certified CROOK AS. Dad was told.

AFP turned, up 3 of them in fact - not at all intimidating, youngest has flashbacks that require tv to be shut off now. I was told to pack a bag for child and they took child to police station to waiting dad, days b4 Xmas. Part of the interim orders is I am not to discuss with elderst ANY of his property left behind, or events (like youngest birthday) that he missed. Requested he was able to call on youngest birthday - denied. Requested to call on Mother's Day - denied by ICL as " would cause distress" to child.

No ones heard of THIS - not even relationships Aus - we were required to complete a POP program, ex didn't even lodge in time so everything has been pushed back again as I was dropped to bottom of wait list.
 

Sux2bMe

Active Member
30 April 2018
8
0
31
He's a obsessive control freak that didn't take to well to us getting on with our lives - apparently
And yes, he is applying for sole custody... With our contact to be 3hrs per month supervised access across the border. Meaning shelling out for 2 of us to travel both ways for 3 hour visit. How the HECK do I qualify that to youngest?
And yes, he doesn't want pay for paternity testing - that's what latest affidavit says.
Oh, and now wants child to see psychologist cos of trauma he suffered here ... Uhh, ya don't think the removal just MIGHT be the cause of child's night terrors, separation anxiety and all the other things they wanna pathologise child with
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So how to improve success? I didn't do anything wrong in the first place, and the Judge signed off on a recovery based on lies!

Presently it has torn the siblings apart and I have had to resort to telling youngest, that my eldest "is on a holiday".

Okay, well, if you don’t think you did anything wrong and the Court still reversed residency in interim orders, then all I can say is good luck with your case. We can’t help people who don’t want to be helped.