Wanting some advice on recovery orders for my 4 (almost 5) year old twin girls
They had been having regular time with their day every second Thursday night - pick 9 am Thursday and return 4 pm Friday
and every second weekend - pick up Friday 9 am and return 4 pm Sunday
he also rang and spoke to them regularly and if I need to do extra hours for work or need to do things for my older girls things like that he was the person I was asking to help which I thought was a good thing gaving him extra time with them and at the time he was happy to do it
About 3 weeks ago I had a job offer from a girl I had worked for before back in my home town which is 2 hours from where he and I are at the moment
I hadn't excepted the job yet but I did discuss it with my older girls and also with my mum when she was at my house one day, obviously, the twins have overheard the conversation I'll explain that in a moment
also about the same time m ex and I were talking about christmas and new years which we had sorted previously and he was having them for both occasions this year which was fine until he then asked to take them for the whole week prior to christmas as he wanted to go camping with his family about 3 hours from where we live I said id consider it and after he left I rang him and said he could take them on Tuesday and return them at 9 am boxing day as planned that was fine...until a couple of days later when we had a disagreement and because he was whinging about not being able to go for longer and it ended up in a fight over days times ect anyway in the heat of the argument I told him he couldn't have his extra time and that he could just have them the times we had first worked out he was not and I hung up.
He then turned up at there childcare a couple of days later about just before I arrived to collect them and said he was just seeing them which was unusual and he was acting funny he left and that was that
Thursday at 9 am he came to pick them up and I was busy at the time and I let out the front door he was waiting at the top of my driveway and we didn't really speak he put the girls in the car and left
Friday at 4;15 pm I got an SMS message to say he would not be returning the girls as he was concerned for their welfare and the fact that the girls told him I had a secrete about moving away without speaking to him about moving - which was not true and obviously the girls had heard the conversation with my mum or my older daughters and told him about what they had overheard
So now he has had the girls since the 17th of December he has said he will not be returning them that he thinks I am mentally unstable and that I was going to move and no tell him he has let me speak to them on zoom 3 times each time for only around 5-10 mins at the most and he doesn't leave the room while they speak to me
my solicitor has put in for an urgent recovery order on Monday the 21 December it was knocked back as urgent and I have been given a court day for the 23 February I don't understand how they can make me wait so long to get them back I am their primary carer and they were having regular time with him but I do also have an AVO because when we broke up this time last year he smashed my possessions in my house and called me horrible names ect and the police came and they put him on they AVO
I thought we had moved past this and we had been getting along most of the time reasonably well but I was wrong
I guess I'm just after any advice anyone can give me as the 23 February is a long time almost 10 weeks away from me and I'm so heartbroken I can't see he won't let me except on the zoom calls and he won't even talk to me about anything for me to explain also I wasn't going to take the job my as my other daughters wanted to stay where we are and I did too but no matter what I say or try to say he won't listen to me I had police do a couple of welfare checks and they are ok and I know his their dad but it the fact he won't let me see them and its Christmas time
my solicitor said the court will not be happy with him withholding them as he has no good reason to do so but I just don't know what to expect or if there is anything else I can do
I even thought about trying to go and get them but have been advised against this because then it will look bad for me but this all seems so unfair
They had been having regular time with their day every second Thursday night - pick 9 am Thursday and return 4 pm Friday
and every second weekend - pick up Friday 9 am and return 4 pm Sunday
he also rang and spoke to them regularly and if I need to do extra hours for work or need to do things for my older girls things like that he was the person I was asking to help which I thought was a good thing gaving him extra time with them and at the time he was happy to do it
About 3 weeks ago I had a job offer from a girl I had worked for before back in my home town which is 2 hours from where he and I are at the moment
I hadn't excepted the job yet but I did discuss it with my older girls and also with my mum when she was at my house one day, obviously, the twins have overheard the conversation I'll explain that in a moment
also about the same time m ex and I were talking about christmas and new years which we had sorted previously and he was having them for both occasions this year which was fine until he then asked to take them for the whole week prior to christmas as he wanted to go camping with his family about 3 hours from where we live I said id consider it and after he left I rang him and said he could take them on Tuesday and return them at 9 am boxing day as planned that was fine...until a couple of days later when we had a disagreement and because he was whinging about not being able to go for longer and it ended up in a fight over days times ect anyway in the heat of the argument I told him he couldn't have his extra time and that he could just have them the times we had first worked out he was not and I hung up.
He then turned up at there childcare a couple of days later about just before I arrived to collect them and said he was just seeing them which was unusual and he was acting funny he left and that was that
Thursday at 9 am he came to pick them up and I was busy at the time and I let out the front door he was waiting at the top of my driveway and we didn't really speak he put the girls in the car and left
Friday at 4;15 pm I got an SMS message to say he would not be returning the girls as he was concerned for their welfare and the fact that the girls told him I had a secrete about moving away without speaking to him about moving - which was not true and obviously the girls had heard the conversation with my mum or my older daughters and told him about what they had overheard
So now he has had the girls since the 17th of December he has said he will not be returning them that he thinks I am mentally unstable and that I was going to move and no tell him he has let me speak to them on zoom 3 times each time for only around 5-10 mins at the most and he doesn't leave the room while they speak to me
my solicitor has put in for an urgent recovery order on Monday the 21 December it was knocked back as urgent and I have been given a court day for the 23 February I don't understand how they can make me wait so long to get them back I am their primary carer and they were having regular time with him but I do also have an AVO because when we broke up this time last year he smashed my possessions in my house and called me horrible names ect and the police came and they put him on they AVO
I thought we had moved past this and we had been getting along most of the time reasonably well but I was wrong
I guess I'm just after any advice anyone can give me as the 23 February is a long time almost 10 weeks away from me and I'm so heartbroken I can't see he won't let me except on the zoom calls and he won't even talk to me about anything for me to explain also I wasn't going to take the job my as my other daughters wanted to stay where we are and I did too but no matter what I say or try to say he won't listen to me I had police do a couple of welfare checks and they are ok and I know his their dad but it the fact he won't let me see them and its Christmas time
my solicitor said the court will not be happy with him withholding them as he has no good reason to do so but I just don't know what to expect or if there is anything else I can do
I even thought about trying to go and get them but have been advised against this because then it will look bad for me but this all seems so unfair