NSW Refused to return the child and refusing any contact

Discussion in 'Family Law Forum' started by Nana1977, 12 January 2020.

  1. Nana1977

    Nana1977 Member

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    My daughter had mediation in March 19 and came up with a plan for my 2 year old grandson
    Long story short she had a planned trip to Darwin for two weeks with her partner , we have family up there and he was going for work, she asked if he would let him go and he said flat out no, she talked to him a few weeks later to see if he would have him for the two weeks and he was more than happy too, she had contact every day with him up there he was very friendly and the day she messaged him 2 days before she was due home he messaged back saying he wasn’t returning him he had rang facs as he has sever concerns for his safety and they told him to keep him and they would investigate, she’s had no word from docs, he has gave many excuses over several texts from he’s had a runny nose while in her care to bruises on his legs , she had a full health check done by a doctor 6 months ago when he was accusing her of things, she blocked his number last year for a few months as he was sending horrible nasty text messages to her she still had contact with his parents who where still pick long him up regularly and he was still having contact , now he says now you now how I felt when you kept him from me, she didn’t she kept herself from his abuse and bullying, finally after her legal aid was approved just before Xmas and her solicitor shut for a Xmas break we did the forms for location order and the application to go to court it’s been months now since we have seen him she’s even asked if we can face time him and he either ignores it or says sorry I’m currently busy he has completely cut all contact , he told child support he now has full custody and now she is paying him child support, I can’t understand though how she is paying him more than what he had to pay her and his income is triple to hers, he also told her he is not giving him back as he had a black eye the day she dropped him off and she questioned him to say he didn’t and if he did he would of taken of photo could she see it with time and date it was taken also told him she has video footage of him before she dropped him off and photos and no black eye is present and he then replied ok your blocked and blocked her and hasn’t replied to any messages since 26th October only Xmas day she asked could she please FaceTime him for xmas and he replied straight away saying he’s great loving Xmas and she hasn’t had no replies since he’s messaged her a few texts saying he has all these concerns for his welfare and will not be returning to her care until court and then sent her one after she said please just let him come home we all love and miss him and his sister is here, he replied with a message saying he has warned her many times he will not be returning and he has a sister there and his happy (partners daughter) then he sends a message 20 minutes laters saying if you live and miss him so much sign over full custody to me and you can have him every second weekend and I will have it drawn up by a solicitor so it’s legal , has any one else had any experience with the child being cut of from them like this, we are just worried as he left a voice message on my daughters phone calling her by her name saying where are you what did you say and saying sissy which is what he calls his sister , not sure if he has got the fathers phone by mistake and they don’t no about the voice mail, but our solicitor said if they are getting him to call my daughter by her name and calling his partner mum there is things we can do, sorry for the ramble it’s so frustrating and advice would be most welcome thanks
     
  2. Nana1977

    Nana1977 Member

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  3. Nana1977

    Nana1977 Member

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    Also forgot to mention the new child support assessment arrived after she had dropped him off and was due to start a few days after he told her he was t giving him back $47 per week it went up to $73 per week
     
  4. Jesso

    Jesso Well-Known Member

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    Try for a recovery order!
    Apply to the courts to start the process for parenting orders.
    Don't worry about the child support. Hopefully it's being used for the child to provide what's needed.

    You're in Australia right? Cause here the child has the right to a relationship with both parents. Signing over rights doesn't make sense..sounds like the father/ex is talking a lot of crap trying to scare you guys and it seems to be working.

    Keep all those messages and voicemail as it may help prove parent alienation. Which will not look good for him.
    If he is saying the child's hurt etc do a welfare check! Call his bluff!

    Do not engage in the petty messages and calls. But keep it all documented!
     
  5. Nana1977

    Nana1977 Member

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    Hi thanks for your reply, yes we are in Australia
    When he would not let her see him I said ask him can you FaceTime him there shouldn’t be a problem but he has either ignored all requests or said he’s too busy, she has a court date finally 19th February, still has had no replies from him, the solicitor has taken some of the text messages, and added to her court application and has noted the voice mail and stated it can be provided as evidence, and she has the false allegation of the black eye in text which the solicitor has, also back from April 2018 a text message with sexual threats things he would do to her if she was to get another partner, the solicitor has added that to her application as well, he has just completely cut all contact and not let any of us see him or talk to him, keeps saying she can see him once it’s legal, he has section 60I certificate and is claiming all this child abuse yet has sat back and done nothing I am pretty sure if my child turned up with bruises I would be at the hospital straight away reporting it I have read that a judge can order he has no contact for up to 6 months so the child can rebuild his relationship with his mum I just worry what they are saying to him, I hope they can see how controlling and manipulating he is and has been with my daughter for many years, court isn’t far away I am counting down the days now
     
  6. Jesso

    Jesso Well-Known Member

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    Definitely show those messages where you guys have contacted him to see or talk to the little one!
    Hopefully the judge sees all of this and it goes in your daughters favour!

    Definitely speak to your regular GP and ask for medical documentation of previous visits. Just to show there's been no previous abuse to the child etc while child was in your daughters care.

    Good luck to you and your daughter! Sounds like a horrible situation for you guys.
     
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