VIC Recovery Order Question

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spectnas81

Active Member
28 April 2020
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0
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How can an ex request recover order?
Based On below; what is the chance of a court granting to him?

1. there is no parenting order in place and nothing agreed since divorce
2. He has been to prison and has history of violence, drugs and addiciton (with 7-8 police records in 2 states)
3. He calls once every 4-5 months to talk to his 10yrs old daughter and scared her on that 5 minute phone call with erratic behaviour
4. He does not have a place to live
5. He lost his drivers license
6. He threatens us over the phone
7. He left 4 years ago and he relocated himself to a different state.
8. He has seen his daughter total of 5 days in 3 years and twice ended up bad where daughter had to see therapist. And others intervene to return my daughter (ex's family)
9. We tried mediation and received I60 since he never responded
10. Left emails, texts and sent two letters for international relocation discussion (it has been over 6 months)
11. He agrees then disagrees and drops off radar for months again. We drafted agreed consent orders he was going to sign and he is not signing or may not.


We plan to relocate but also plan to
1. Put in family violence on him as he has been threatening (even before relocation discussion)
2. His siblings and parents note and texted us about him not being mentally stable and still on drugs, being dillusional. Will it help to get a statement from each sibling with JP stamp to document ex is not fit to make healthy decision and he is violent or drug issues? He has AVO against him and ended up in a fight recently as well so his aggression or violence has been worse

What other elements can we do?
We tried to have civil discussions, we tried to communicate.
He only talked to his daughter twice in 2020 (once in Feb, and once in July). That is less than 6 minutes total and both calls scared her with his tone.

He has been absent in her life by his choice. He is nowhere to find.
Luckily the border is closed between VIC and NSW since we are scared of him having a psychotic episode and come here to make his threats real. He has been threat to his own family where his own parents put AVO on him. He is calm when not on drugs or alcohol


What additional information can we gather as ex's family is willing to provide statements?
what form should they use? Statutory decleration? Or just any thing on paper signed by JP?

what can we file against him?
can we use all the recent threats to us and his family with these decleration and other times he put our daughter in danger to get violence order ?

thanks in advance
 

Atticus

Well-Known Member
6 February 2019
1,155
187
2,394
There are no orders in place.... Accepting the situation as you have presented it is factual, there is a presumption of joint parental responsibility at play. That involves you seeking the opinion/approval of the other parent before any major long term decisions involving the child are carried out .... You have certainly attempted that... As there are no orders, you do not need to get an order from court to relocate for 2 years.

He can still contact his daughter by phone on the odd occasion he calls as he has been ... Nothing really changes their relationship by being OS it seems..

If you were to file for orders & he were to actually respond to prevent your relocation, perhaps just out of malice, given the child already has a passport, there is a real chance that any solicitor he may see for advice may recommend an emergency order (ex Parte) to place the child's name on an airport watch list... If successful, & depending on the specifics of that order, it may be temporary pending first mention at court, or it may be permanent until further order .... If he does nothing else, just that will prevent the relocation ..

In the unlikely event he seeks an order for recovery if you go, you have ample proof that you attempted contacting him personally & via mediation, fulfilling any moral/legal requirements by way of joint parental responsibility ..
VIC - Question on International Relocation - no parental orders in place

The above is still my opinion regarding relocation
We plan to relocate but also plan to
1. Put in family violence on him as he has been threatening (even before relocation discussion)
Why would you do that.... Just going to complicate things for you more than him