NSW Recovery Order

[familynfriends]

So next question is - If they are in a public area and they see me and want to come with me what happens then? I don't want to cause my children any harm but I was told by a police officer on the phone last night that if they in public and they come to me I can just take them with me, then I start checking that online and there are articles about parental abduction and kidnapping
so what happens? How is it not parental abduction from what he has done to me taking them off a pubic street if there are no court orders?
and yes I know your going to say the court won't like it but I'm getting to the point where I feel I need to do something

 

[sammy01]

hey - we're not heartless. Of course this must be difficult. You have my sympathies. But if dad is ignoring his own legal advice then that is at his own peril...

What if you 'accidently' bump into the kids. Look the problem you've got is the trauma of that experience on the kids. Don't do it... So not worried about what the courts like. I'm worried about the kid's welfare.

Legally? right now there are no court orders so there are no laws being broken.

So reality check... Things are not hunky dory... See your thread started with you saying that you and dad mostly get along.... My perspective? For 12 months he has been bound by an avo. Now that has expired he doesn't have to risk arrest simply by disagreeing with you. Trust me it does happen and people wind up in jail. You need court orders and clear rules. While you might think things have been pretty hunky dory, clearly dad doesn't agree...

So moving forward?

Have you got your solicitor to offer consent orders with a no relocation order stiplated? Get that done.

What about pre-school. When does that resume? Nothing stopping you picking the kids up from there and that is something you would do best to take advice from your solicitor. Always listen to solicitor ahead of advice of punters like me with a keyboard and some personal experience with family law.

 

[Atticus]

If you were a bloke, I'd say don't put yourself in a position where you may bump into them, & definitely don't take them especially as there is now a court case pending... So with that, has he filed a response & if so what is he seeking in it?

 

[familynfriends]

Legally? right now there are no court orders so there are no laws being broken. ??

So I can't get arrested for child abduction??
Because of the way this guy is acting I think he would try to have me charged if he thought it would help his case.
I offered the undertaking which is a promise to the court that I would not relocate with the children, this should be enough, from what I know and from what I have been told it's just like breaking court orders and the court would punish me for not sticking to what I have agreed to and signed.
I cant anything without going to court in February
I have not seen his response and I'm not sure if he has filed one yet apart from the SMS messages about when my zoom calls is he will not communicate with me.

 

[Atticus]

both my solicitor and his solicitor have tried to to get him to agree to sign the paperwork but he won't

What paperwork exactly?

Whatever it is it won't be legally enforceable until a court transfers it into an order.. The lawyers would know this.

Is the paperwork an application for consent orders, a parenting plan? .... Because that is what you need, not merely an undertaking around relocation

Obviously for whatever reason dad has trust issues... From his perspective, the only thing that is going to carry any legal weight (in terms of enforce-ability anyway) is something handed down by court,.... Your lawyer should know if a response has been filed yet.

 

[familynfriends]

Solicitors office is closed till the 4 January so I guess I wait 😞

 

[sammy01]

look what he has done is dumb. But you doing something dumb ain't gonna help.

I'm guessing he will return the kids before the Feb court date

 

[familynfriends]

He has informed me this afternoon he will see me in court such a nice guy....NOT!!!

 

[Atticus]

He has informed me this afternoon he will see me in court

Shouldn't deter you from doing YOUR best to offer genuine, practical terms for living & visitation arrangements as part of consent orders or a parenting plan... If you agree this may be resolved before court.... Failing that, at worst, the court will see that you have reached out in effort to resolve the issue & avoid court.... If he continues to reject all such reasonable offers to resolve the current situation, it won't be a good look for him.

As terrible as this is right now, it WILL be resolved either before court or by interim orders on the 23/2.. There's no reason to believe that the girls won't be returned to your primary care, BUT, you will need to put thought into the orders you want moving forward.. Remember, at minimum, the court's default is Fridays to Sunday/Monday morning every second weekend, electronic communication & if practical a visit on the off week, HALF OF SCHOOL HOLIDAYS, & special days by agreement or failing that, often by annual rotation, & I'm sure there will need to be a clause about relocation not being more than a set distance.

 

[GlassHalfFull]

He has informed me this afternoon he will see me in court such a nice guy....NOT!!!

Yeah, he doesn't sound like a nice guy. BUT, this sort of thing happens ALL THE TIME to men. I don't wish it upon anyone, but most women are completely oblivious to the possibility of it happening and are shocked that someone could do such a thing. As others have said, there have been no laws broken and there's nothing you can do it about it short of abduction (at least until court), but that doesn't mean family court is going to ignore what he's done. It will likely look quite bad on him unless he can justify his actions. What works against you is that the children may now be settled in his care and it may be deemed too traumatic for them to be returned back to your primary care. Who knows. Judges are unpredictable and the devil is in the detail sometimes. We don't know the full story (and neither do you, at least not until he lays all his cards on the table with an affidavit I guess).