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

[Lennon]

You say the child was recovered based on a "lie". What lie was told?

 

[Sux2bMe]

You say the child was recovered based on a "lie". What lie was told?

As I understand it three, his lawyers claimed we fled the state (I had permission from the judge); then that I didn't answer affidavits (his lawyers waited a year to update their records from when they were first advised); that I wasn't at my residence when AFP called initially (I was at work).

 

[Sux2bMe]

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.

What makes u understand help is not needed? I have raised this child on my own for years, no assistance and no contact by HIS choice.
Permission was granted to move; court was informed of both work and residential addresses; I can't answer affidavits if his lawyers dont update their records and serve to wrong State - and they weren't on the Portal; the only thing We missed was a contact Centre visit cos we were both sick? They ostensibly recovered the child based on false premise and Dumped them on a Stranger for that? I don't get this System!

 

[AllForHer]

Often, what one parent perceives to be the other parent's choice, is not perceived in the same way by the Court, and I encourage you to have a read of this case for a demonstration of what I mean: Bloom & Chesterman [2018] FCCA 680 (23 March 2018). Hopefully from this case, you can also take an understanding on how seriously the Court takes a situation where one parent isn't seen to be supporting the children's relationship with the other.

As to your matter, I have some questions.

When you say you were given permission to move, do you mean explicit interim orders were made by the Court allowing you to relocate with the child? Or did the judge just make a comment in passing?

You also say you informed the Court. How did you do this? Did you file a notice of address for service? Did you serve that notice on the other party? As a parent, did you inform dad directly, or did you hope that information of his son's residential address would be transmitted by some other method?

When you say you missed a contact centre visit, did you advise the father of same? Did you advise the contact centre?

And what is the timeframe around all of this? When were you first in Court? When did the Court give you permission to move? How long has it been since? How old was the child when you moved and how old is the child now?

 

[Lennon]

As I understand it three, his lawyers claimed we fled the state (I had permission from the judge); then that I didn't answer affidavits (his lawyers waited a year to update their records from when they were first advised); that I wasn't at my residence when AFP called initially (I was at work).

It is extraordinarily unlikely that these facts formed the basis of an order that your child be removed from your care and placed in the care of a parent they have never met.

If you obtained an order permitting you to move before you moved (is that what you mean by "permission from the judge") then any claim that you "fled the state" would have failed. The order permitting you to move would clearly be on the court's own record and no lie to the contrary could be made. Unless by "permission from the judge" you mean something other than an actual order?

There is no requirement for a party to "answer affidavits" therefore that cannot form a basis for your child to be removed from your care. An order can be made requiring a party to file material including affidavits, and if the party fails to do so they would be in breach of court orders (albeit orders of a procedural nature). That would have nothing to do with solicitors "not updating records" because the orders would be sent by the court to the notice of address for service.

Obviously by the time the AFP arrived an order had already been made to remove the children, so the fact that you were at work can't have been a matter that was taken in to account.

It is very difficult to give you advice when the information you have provided seems to be incredibly unlikely.

 

[AllForHer]

I agree with the above. The AFP does not have jurisdiction to intervene in family law matters unless ordered by the Court to do so, so what I envision has occurred is the following:

1. The judge has likely made a comment about relocation, but did not make an order allowing the mother to relocate;
2. The mother has then relocated while proceedings were on foot, and in mistakenly believing the onus to be on the father to track her whereabouts, has failed to formally advise the correct parties by filing a notice of address for service and failed to communicate her new address to the father;
3. The mother has then also failed to comply with the parenting orders and has remained uncontactable;
   
4. By way of remaining uncontactable, the mother has consequently and perhaps unintentionally ceased participation in proceedings;
5. The father's application for recovery orders then proceeded undefended, and the Court therefore made orders in the father's favour, including an order for the AFP to do all things necessary to recover the child from the mother's care and place the child with the father

 

[thatbloke]

Something pretty serious must have happened for this kind of reversal of live with time. I cant see it just happening on what you have said. There has to be more to this