recovery order question please

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skdad

Well-Known Member
7 April 2020
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Victoria, melbourne
hi, thanks in advance to anyone that has the time to read my post.
I have very minimal knowledge regarding sites llike this so forgive me if I'm unaware of any aspect.
I have final orders, I'm the father of a 6 year old boy, my x has kept my son and breached the orders, I have filed a contravention/affidavit/urgent application to the federal circuit court in Melbourne, I was notified I would be granted a recovery order on the 11th may which is great news , however, my x partner has in the meantime unknowingly to me filed to have the orders changed and the date is set for June sometime.
my question is do the recovery orders still go ahead in May? if so what happens in June? what are my responsibilities in this?
thankyou.
 

sammy01

Well-Known Member
27 September 2015
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Just checking - Granted a recovery order on the 11th May. Is that the day of the hearing? I'm guessing that is what you mean? Yes it should go ahead.
what happens after that will depend on what the ex has to say in May.

What sort of access do you have with your son?
How long since you've seen him?
Has the ex given any reason for her actions?
 

skdad

Well-Known Member
7 April 2020
15
0
71
Victoria, melbourne
sorry I must have explained myself wrong, since the covid19 outbreak it's my understanding (being told from the court) That at least the federal circuit court is operating differently, so I was told 2 to 3 days after i lodged recovery order forms that the judge would grant tthe order on the 11th may. does that make more sense?
 

sammy01

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27 September 2015
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What sort of access do you have with your son?
How long since you've seen him?
Has the ex given any reason for her actions?
Is she witholding because of Covid 19?
 
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skdad

Well-Known Member
7 April 2020
15
0
71
Victoria, melbourne
I have full orders which is he lives with me, she sees him once a month, haven't seen him in a couple of months, only recently she has started a "story" with no proof because it is fanciful, regarding the changing of current orders, fileing a notice of risk, that I'm all these things a bad parent ect.. if tthis were the case I wouldn't have won custody in the first place
 

sammy01

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27 September 2015
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oh wow.
So Yep I reckon on 11 may the order to return the child will go thru. I doubt she will have any luck in having the orders changed based on a story. If she does I reckon you go for sole parental responsibility. Right now you're just a victim of the snail pace of our system
 

sammy01

Well-Known Member
27 September 2015
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probably not - is this the first time it has happened?
As far as fines go, a parent has to be a bit of a repeat offender to get to a point where that could happen. But family courts can fine and imprison repeat offenders.
 

Atticus

Well-Known Member
6 February 2019
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I have filed a contravention/affidavit/urgent application to the federal circuit court in Melbourne,
Do you have a solicitor or self representing?
recently she has started a "story" with no proof because it is fanciful, regarding the changing of current orders, fileing a notice of risk, that I'm all these things a bad parent ect..
So you have been served with a copy of the supporting affidavit (allegations)?