QLD Suicidal child what rights do I have re: sending back to other parent

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Thenarcisistsprey

Well-Known Member
15 October 2018
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Sorry for the long post, it’s a rather complicated matter unfortunately.. bit of background first, two kids aged 12 and 10. separated 9 years ago with other parent. Children resided with me from birth until 6 years ago. Ex manipulated and lied to me so I wouldn’t be at court hearing. In my absence they were awarded full custody with me having all school holidays (was interstate to ex partner). Children returned to qld and I soon followed. Ex agreed to 50/50 and signed a stat dec but never has allowed it. Likes to manipulate children and myself. Lies to kids saying I hate them never want to see them again etc.. Will steal 12 year olds ph and send messages to me pretending to be our eldest child saying they hate me and want nothing to do with me and all sorts of horrible untrue things. Then deletes their messages and deletes me as a contact, blocks me etc.

Our eldest is now very suicidal. Other parent refuses to acknowledge either of their children could possibly have any issues (youngest has other severe behavioural issues which I won’t go into now). Refuses to allow any psychological intervention (presumably as it will come back on them as the cause of our eldest problems, they are also very violent which is another story). So eldest Wants to be with me full time. Currently I have all school holidays and sporadic every second weekend plus after school for an hour or two each school day. I’m in the process of filing documents with the courts currently to have the orders changed. I’ve taken our eldest who is suicidal and got a mental health care plan, taken them to psychologist appointments secretly behind the other parents back (they will lose it and stop me seeing kids for a few weeks or months if they were aware). So my question is this.. the past 3 months things are getting worse with our eldest. They don’t want to go back to the other parents house. 6-8 weeks ago they cut themselves (which prompted the care plan and psych visits to commence), a few weeks ago they asked how much bleach they would have to drink to die, they told me that death or ending up in hospital would be better than going back, today I’ve noticed heaps of deep cuts on their wrists because they don’t want to go back.

I’ve been given conflicting advice by lawyers. One told me I have no rights to not send them back due to orders in place. Another told me I do as if I’m fearful they will commit suicide if I send them then I need to do what’s in their best interests and if that means breaching the orders then that’s fine. As I’m about to file documents I don’t want to do something that could go against my case but at the same time I’m worried for my child so I really don’t know what to do or what, by rights, I’m allowed to do. Any advice would really be appreciated. And I apologise for the lengthy post.
 

Rod

Lawyer
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27 May 2014
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Best interests of child is what is paramount.

If it was me I'd be ensuring I had the psych onside, file for new urgent orders, then breach current orders.
 

sammy01

Well-Known Member
27 September 2015
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So my advice goes like this... If you can get the psych to write that there is a risk in returning the child then dont return the child. Doctors, teachers etc have a legal obligation to notify the authorities IF they believe a child is at risk. If your psychologist is prepared to do that then you have an expert 3rd party on your side. THEN witholding the child would be appropriate.

But what do you do when the parent arrives at school to pick up the kid? how does that play out? So again, you're gonna need some third party assistance and the school is unlikely to help because the court orders say the kids live with the other parent.