Do they take it into account though? Because we have her booked in to a psychologist. Our lawyer told us today that the courts close today so she will have to wait a little while, is that true? We have to wait for legal aid to respond due to it costing between 5000 and 20000You need 3rd party witnesses - doctor's reports, etc.... Otherwise, it is your word against hers. and that ain't gonna end well.
Ye,p mum has lied you don't get recovery orders that quick. Don't believe her
We were in a little town in NSW so we didn't really know what to do. We just put her in the bath. Her mother has always made accusations that this child has been harmed so we aren't sure if something has happened to her out of our care or not. The solicitor said 'my legal advice is to stick to the parenting plan, but recovery orders do take a long time'. He didn't use exact words but worked his way around it. My mum said it was a bit sus and we were going to work with the parenting plan until we got her in this shape. We have her booked into a psychologist, but it won't be for another month due to the closure over Christmas and the New Yeardid you take the child to the doctor? YOU MUST get a third party to document your concerns so it doesn't become you're word against her's.
I've gotta say there is something weird about your first post. I doubt a solicitor would tell you to take the child...
His ex has said they have sent an email serving him but nothing has come through. Does that still count as being served?If he hasn't been served, the court will ordinarily adjourn the matter until he has.
Nope my understanding that to be served not only do you have to be provided with the documents, but there MUST be proof, so an independent witness must sign to say they witnessed the documents being served.
So lesson 101 on family law NEVER EVER take advice from the ex. IN fact generally speaking it is best to assume that any 'information' provided by an ex are lies.
Next lesson - Given you have taken the child without consent I reckon you should be having zero contact with the ex until court insists. Do not write to the ex, do not call. Your case is already weak. You're claiming the child came to you with severe bruising and you didn't seek any urgent medical attention. To withhold a child you need to believe that returning the child is not in their best interest because they are at risk of harm. Now if a child has been harmed then it would seem reasonable to get urgent medical assistance. BUT lets move on... The next part of the case is that you are removing the child to protect them, that being the case I'd have thought that you would not want to have any contact with the person who has been harming the child.... So do not engage with any communication and make the ex do the work to ACTUALLY get to court. Do not enter into any discussion with that person.