Recovery Order?

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Immismum

Well-Known Member
11 May 2020
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Order 3 is ”live with”. In general unless it is a true 50/50 situation, a child lives with one parent and spends time with the other. That is the wording that is used.
So I think your order needs to have a live with and spend no time with the mother for a period of x months.
then you need to have an order of what happens after that. or You have an order that is live with and spend no time with the mother until further order by the court.
I don’t know how long you would expect to have until a final hearing, but I imagine that you would look to have an order that is live with for 6 months, spending no time with the mother, then for 3 months, spend one or two days every second weekend, but not overnight, then one night every second weekend, which should take you to 12 months, and you could expect to be in court by then.
given the situation with the school and the number of the mothers family members that are there, I'd also be looking at changing schools if you are given parental responsibility. Maybe you could have an order that is something like ‘upon consultation with a treating psychologist, the father be at liberty to change the school that the child attends, if he deems it to be in the child’s best interest.
In which cawe your order needs to allow for whichever school the child attends, not just XXX school.
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
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Hi Rod, thanks for your advice. I have amended to 6 months and requested that the school become a party to the orders. In the affidavit we will explain why. We are also going to send the principle an email as after having time to reflect, we are extremely upset with how Monday's events were handled. We will include this email to the principle in the affidavit so the judge is aware of how the principle appears to be favouring the mother and not respecting the wishes of the court.
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
4
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Hi Immismum, long term we are hoping to change the child's school. This school have continuously refused to speak to us (literally refuse to organise meetings) in regards to the child's lack of attendance in the mother's care. While I understand legally they do not need to, where is their duty of care? The child is diagnosed ASD and a likely cognitive disability (was supposed to be assessed in June but we had to cancel as we do not have access to the child and the mother has advised (in writing) that she doesn't have any concern with the child's development even though his school and psychologist agree there is concern).

We thought suggesting we may want to change the child's school now may be a little risky, with the child's ASD diagnosis, we would want full support from his treating specialists before considering it. As these are interim orders only, perhaps we can request a final order that does not specifically list the child's school name, so it is an order that can be transferrable to a new school.
 

sammy01

Well-Known Member
27 September 2015
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You're getting some bloody good advice here...
My thought - If you get primary care and sole parental responsibility about education on final orders, then you're able to change schools without mum's consent. Might be worth doing just because the school clearly is unable to see how distorted their view of events is.... And it will remove the child from a pretty toxic environment given Grandma's stupdity.
So maybe supervised visits with mum rather than a 6 month no contact?
Look, the cases I hate reading most are the ones where the judge decides to remove one parent from the child's life because there is so much stupidity... Even worse when the judge decides to leave the kid with one parent simly because that would be less distruptive to the kid, even though that parent is the problem...
I want you guys to make a point of appearing to be prepared to work with mum (even if that is impossible)
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
4
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Hi Sammy, thanks for your response. I agree with requesting the order for sole educational responsibility and changing the school further down the track. It is just shocking that all the child's teachers praise us for giving the child a stable environment and yet the admin/principle have such different views. Or to clarify Sammy, are you suggesting we change the child's school as soon as we can? ie. if we were approved for full educational responsibility, perhaps enrolling the child into a new school at the start of the new year?

Edit: Sorry, just re-read your post and noted you mentioned final orders and we think it would be safest to wait until court is over to change schools if we can.

Also, we were more thinking along the lines of supervised contact too. 1. We do not want to cut the child off from his mother and be as bad as her. 2. Supervised time would (I would hope) keep the child safe and stop the mother from expressing views to the child that he isn't allowed to spend time with us and if she does, I would imagine this would be recorded and can be used in court? Do you have any other recommendations Sammy on how to appear we are willing to work with mum?
 
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sammy01

Well-Known Member
27 September 2015
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Geographically, is there a school better suited to you in the event the child was to come to you as primary carer? That might be a legitimate reason to change schools without having to make it about the granny being a twit...
So lets pretend you get sole parental responsibility for education - Having something about you having a responsibility to inform the other parent and provide school reports....
 

JadeGoldCoast

Well-Known Member
7 October 2017
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Hi Sammy, yes our local school we've thought for a while would be better for the child as it's a much smaller school and it would mean he wouldn't need to attend before school care and would get up later etc. I've just checked and its only 4 minutes further from the mothers house than his current school so it wouldn't cause her problems either. But this is something to worry about in the future.

We've just been contacted by the courts and are booked into court this Thursday to hear the judges decision. I've just finished my uni course yesterday and so haven't had time to file the latest affidavit and application in a case. We will try do both of them tonight (presuming our local JOP is able to sign papers after hours). Will this be enough time? Do we need to request leave from the judge to read or will he get notified about the application in a case?
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
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Hi all, I am wondering if anyone knows which form we need to submit to amend our requested orders? I thought it was an application in a case, but last court case we filed an amended initiating application.
 

sammy01

Well-Known Member
27 September 2015
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application in a case. But Jade, not gonna lie, not sure. But keep it fcuking brief given judge is passing orders in 2 days. Remind me, they are not final orders are they?
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
4
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Just for interim orders. We are also filing an affidavit regarding what happened at school last week when we tried to collect the child.