Recovery Order?

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sammy01

Well-Known Member
27 September 2015
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so this thursday? is that the matter 'finalised' or is the judge just setting down new interim orders?
 

JadeGoldCoast

Well-Known Member
7 October 2017
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Our understanding is that we will receive the judges response to our application for interim orders this Thursday.

We received an email today advising our application for a case will be mentioned on Thursday also, but that it will be up to the judge on the day whether the application is heard.

As it's for the same thing (interim orders) I presume it will be heard.

So now it's keeping everything crossed in hope the judge still shares the concerns he expressed 2 weeks ago, and that the mothers refusal to follow his orders work in our favour.
 

JadeGoldCoast

Well-Known Member
7 October 2017
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In case anyone is following I thought I would update. We received the judgement this morning. The judge said he wouldn't consider our application in a case for full custody on an interim basis at this stage. We heard one of his staff ask if he was aware of the application and he read it quickly before speaking to us.

He has ordered shared care (50/50) to resume again, starting tomorrow. He has granted my partner 'leave to apply' which he said means if the mother doesn't comply then my partner can contact the chambers, and the judge will consider our interim request to change the residence of the child. He asked if the mother had any questions and she actually asked the judge what should she do if the child doesn't want to go. He told her to exercise her capacity to parent and her responsibility to parent. He also told the mother 'not to rev the child up' and to make sure he is aware my partner will be collecting him tomorrow. The judge also asked the mother to seek legal advise as she hasn't been supplying much evidence and isn't making much sense to him.

He has ordered an ICL to be appointed and next court date is set for 12th October. He said he's not satisfied the shared care arrangements will work much longer, given what has been occurring.

He didn't seem impressed with the school principle either, and I think he said 'you can probably cease orders to the school'. We weren't sure what that meant, as we did request orders to stop the school from releasing the child, but maybe he hadn't read them?

Overall we feel positive! Hopefully tomorrow we will finally see the child and things can return to normal.
 

sammy01

Well-Known Member
27 September 2015
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Gee I wish you guys were in lock down. At least that way if mum handed the kid over, you could keep him without school interference.
I'm gonna email you
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
4
394
Hi all,

Need some advice if possible.

A quick catch up. Mother was reordered to follow original orders for shared care last fortnight. Judge added a new order that if the mother didn't hand over the child, my partner is allowed to contact the chambers and he will hear my partners application in a case for full custody on an interim basis.

Mother then finally started following orders and we had the child for a week. We are due to get him back today at 3pm at the train station. As me and my partner both work it's always been that my partner messages the mother and asked if me or him can meet the mother and child later and she's always said no problem.

Today she's decided she needs to follow the orders priciscely and has plans she will not change. We either pick the child up at 3 or she will drop him to the station at 9am Sunday for fathers day.

Where do we stand? Neither of us can get there by 3 as my partner works over the border and I car pulled today so don't have a car.
 

Bananatree

Well-Known Member
26 April 2019
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0
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Do you have a grandparent that can do pickup? I would suggest you need to do all you can to have the exchange go ahed at 3pm.
Hi all,

Need some advice if possible.

A quick catch up. Mother was reordered to follow original orders for shared care last fortnight. Judge added a new order that if the mother didn't hand over the child, my partner is allowed to contact the chambers and he will hear my partners application in a case for full custody on an interim basis.

Mother then finally started following orders and we had the child for a week. We are due to get him back today at 3pm at the train station. As me and my partner both work it's always been that my partner messages the mother and asked if me or him can meet the mother and child later and she's always said no problem.

Today she's decided she needs to follow the orders priciscely and has plans she will not change. We either pick the child up at 3 or she will drop him to the station at 9am Sunday for fathers day.

Where do we stand? Neither of us can get there by 3 as my partner works over the border and I car pulled today so don't have a car.
 

JadeGoldCoast

Well-Known Member
7 October 2017
173
4
394
No she hates my parents mother- massive issues there and my mum lives too far away.

Orders state its me or my partner that can collect the child so she will likely only allow that.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Use an Uber or taxi- but get there.
 

Atticus

Well-Known Member
6 February 2019
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Do whatever it takes to get there.. for today, that may mean leaving work early & getting an uber or taxi