In your other thread you said - there are no court orders, :
Correct. I had started the process of negotiating parenting plans with her in January.
She ignored the requests and would not put anything in writing however would allow me to have the child 50/50 between January and May so getting orders was not urgent.
During January to May whilst sharing 50/50 care there was zero communication of any form between me and her due to a temporary protection order. Therefore between January and May I had no idea of the things going on insider her house. No text messages, phone calls, emails or conversations by proxy though another party. Silence. She would give the child to one of my family members and request the child to be retuned on X date. I would be delivered the child and the child would be picked up from me on X date by my family.
In May whilst the child was in my care the mother attempted suicide twice in a week and was hospitalised for it. The mothers now boyfriend broke silence and came to me and surrendered all of the information of the things taking place inside the house during January to May involving drug use and violence etc.
Conversations with the now boyfriend and the mother in-law both confirming that they do not want the child to go back into the mothers care as she is an un-fit parent etc. and having just attempted suicide twice I did not allow the child to go back to the mother as I was now informed of what is actually going on and the not so urgent matter due to 50/50 care became extremely urgent for me due to safety.
I enrolled the child in the next closest by distance day-care. As the mother stopped sending the child to the old daycare and hadn't payed the bills and was on the list of approved people to remove the child obviously. Mum did have to track the child down at the new daycare however I made no real attempt to hide the child. I withheld as there was no formal orders in place ensuring child’s safe return and continued to finalise my paperwork with the help of a lawyer as quickly as possible.
60 page affidavit with 300 pages of attachments (prepared by a lawyer and rejected by the court?)
My affidavit was rejected by the court due to rules brought out in 1 March 2018 for the Family Court of Australia. I filed my affidavit and the annexures at the time of application. The new rules do not allow the annexures to be filed at time of application. They need to be tendered on the day in court. Small change in wording to my affidavit removing “annexed herto and marked JMM01” and my affidavit was resubmitted successfully and contains only relevant information. Whilst compressive the annexures are relevant and will be tendered on the day of the first hearing.
you now haven’t seen the child in 3 or so weeks and mum is in hiding with the child...leading to need for a location order and recovery order?
Having taken the child from daycare with the help of the police she withheld for 3 weeks. Then moved house with the child and would not disclose the location. Hence location order.
After 5 weeks withholding she made contact with my family 3 days ago and has asked them to take her and the child into their care as she is not able to cope with everything. She has spent the last 3 days at my family’s house.
I now know her address so location order not required. Recovery order is required as she is likely to run if she is served papers and she is not likely to willingly hand the child over.
Hopefully your oral argument will be more succinct than your actions...”hiding the child” for 3 weeks rather than filing an urgent application or the whopping affidavit you tried to file just to get a few urgent interim orders...if it was a Family Lawyer who prepared the application it would have been short and sharp!
I am trying to trim everything down to a short sharp story anticipating the phone call will be 10-20 mins long. Large affidavit is for Interim and final orders. There is nothing in my affidavit that I think would be better left out. All of my paperwork was prepared by a family lawyer.
Yeah, I could be wrong...but if you’ve been forthcoming with the same information you’ve provided here...I can’t see this moving forward on an ex-parte basis...location order (if you still don’t know child’s whereabouts), and a few directions setting the matter down for further directions or Interim hearing on such and such date (both parties) is my guess.
I can see where you’re coming from. Obviously there is a lot of detail omitted in these posts to avoid writing walls of story that nobody wants to read. It needs to be ex-parte as when she is served papers she is likely to run with the child, break down emotionally or hurt herself or the child details of this included in the notice of risk filed with initiating application(mother has a serious problem with drugs and violence)
Hope this clears some things up and I apologise for the wall of words and i do appreciate the input.
