QLD Respond To Urgent Recovery

Discussion in 'Family Law Forum' started by Migz, 8 March 2019.

  1. Migz

    Migz Well-Known Member

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    Do you get to respond to an Urgent Recovery Order, via paperwork?

    I take it that an Urgent Recovery Order is submitted via an "Application In A Case"


    Cheers
    Migz
     
  2. CSFLW

    CSFLW Well-Known Member
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    Hi Migz

    Have you been served an application for a recovery order?

    Normally, if the court deems it urgent it is granted on an ex-parte basis.

    Which means the order will be made without the other party being in court.
     
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  3. Migz

    Migz Well-Known Member

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    Hi CSFLW,

    Yes I was served late this afternoon, they have us in court in record time, next Wednesday, 13th. Amazing how this Federal Circuit Court System can move at lightning fast speed when it wants too. Yet I'm waiting for 6 months for a contravention hearing and an Application in a case, that are due to take place at the end of March.

    Cheers
    Migz
     
  4. CSFLW

    CSFLW Well-Known Member
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    You can reply to the application by filing an affidavit and an amended response.
     
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  5. CSFLW

    CSFLW Well-Known Member
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    If you need help, shoot me an email with your contact details and I can give you some preliminary advice (no charge).

    [email protected]
     
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  6. Migz

    Migz Well-Known Member

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    Thanks CSFLW. I will compile a response over this coming weekend and File it first thing Monday. If I get stuck I will make contact. Thanks Again.
     
  7. sammy01

    sammy01 Well-Known Member

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    what reason do you have for witholding?
     
  8. Migz

    Migz Well-Known Member

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    Last Sunday, my 2 yo daughter said to me she was scared to go back to mummy as she was scared of an individual known as "motor man", I said who is motor man? She said mummys boyfriend. I said what has he done? She responded with, he has big hands and he squashes my tummy until I cry". As I sat in the car at handover I rang the mother to enquire who "motor man" was and that our daughter is in fear of this person. Her mother responded with "please hand xxxx over" I said not until you can allay XXXX and my fears...she responded with I'm hanging up now... Then at 8pm that night I recieved an email from her Legal Aid Lawyer saying her client is not in a relationship and is unaware of any individual known as motor man, and to hand XXXX back immediately.

    On the Monday, I took XXXX to child safety to have a file number opened, they transcribed one of XXXX audio recordings

    I also emailed the mothers solicitor a 12 point consent order for both parties to sign off on, to keep the child safe for the next 3 months prior to trial. Her solicitor, spoke directly to the ICL to get more legal aid fund and file a recovery order which happened on Wednesday. No consultation or negotiations have taken place.

    I emailed the mother, and asked her if she was calling our daughter a liar? No response

    Over the course of the week, XXXX has now described "motor man" as having a beard and tattoos, and drives a green and black motorcycle, and she went on it without a helmet and so fast that it scared her. I have emailed a goodnight email each night with a photo attached and a breakdown of the days events, just to show that i am still willing and able to co-parent. Even though the mother has not signed off on the 12 points, which also allowed for phone/video calls Wednesday and Sunday, the mother took the liberty on Wednesday to carry out the call.

    First the very first time in 2 and 1/2 years the mother turned upto XXXX swimming lessons this morning to watch her. XXXX was unphased by her being there and just pointed and said theres mummy Dad. XXXX has made enquiries about Nanna this week, ie. where is Nanna, but has made no enquiries about the mother. As I put her to bed one night this week, she said I love you Dad and I love Nanna, and I sleep with Nanna, and mummy goes to Brisbane...

    Have I scuttled my entire case? Maybe

    Have I kept my little princess safe and away from "motor man"? Definitely
     
  9. CSFLW

    CSFLW Well-Known Member
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    Hi Migz

    How did you go in court?
     
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  10. Migz

    Migz Well-Known Member

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    Hi CSFLW,

    It went better than expected, told to hand back the Child at 8am this morning. No contact for 14 days. Her legal aid lawyer was chasing no contact for 3 months. He was a new judge on the case. And I wish I had him for the whole case. He wished me luck in 2 weeks time with my Application In A Case for finally getting long overdue overnights with my 2 year old as he stated he wasn't in a position to do anything in regards to that with the recovery order Infront of him....I'm back Infront of our normal Judge for that. So I'll get railroaded once again...
     
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