WA What if Ex with Criminal Record Applies for Recovery Order?

Discussion in 'Family Law Forum' started by Pickle, 22 January 2020.

  1. Pickle

    Pickle Member

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    About 4 years ago, my ex became addicted to drugs, was convicted and sentenced to jail for dealing meth etc. Prior to jail he was abusive, unpredictable, threatening, etc. He forced us out of our home and we had to leave with nothing. Due to threats I had an interim DVO taken out that covered me and our child until he went to jail. He went to jail for several years and when he got out he moved to another city.

    Our child and I have also since relocated. It's been 4years since last contact with the ex. Now I've heard through the grapevine that he's suddenly looking for us and threatening family court. Our child doesn't remember him, is settled in school, has autism and is in therapy, does not cope with change, has a loving, stable homelife etc. We've lived in our current town for now the majority of my child's life. Due to my exs criminal history, drugs, dvo etc I do not feel it is my child's best interest to have much to do with him (to be clear I have a clean record and have never used drugs).

    If my ex tries to find us /applies to court, what is likely to happen? There are no parenting orders, he doesn't pay child support, he doesn't live in the same town where we all used to live, he was never actively involved in our childs life when we were together, he has a criminal record /drugs /dvo history etc, so with all that in mind, is he likely to be successful in applying for a recovery/location order, and if he did apply, will I have a chance oppose it before any action is taken, etc?
     
  2. sammy01

    sammy01 Well-Known Member

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    he wont get a recovery order after 4 years.
    Go to bed tonight, sleep well, don't worry.

    The absolute best he could do is seek an opportunity to spend some time with the child and I reckon you should invite that IF it were to happen. Kids should know their dad.
     
  3. MamaJ

    MamaJ Member

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    Don't worry about him seeking a recovery order it's unlikely to happen.
    As there is no parenting order he can however take the child, sorry to say learnt from experience. Police can't do much without a parenting order.
    You may wish to put a parenting plan into action via family court and save yourself some worry.
    In order for yourself and the courts to be satisfied that there will be no issue for the childs safety, well-being etc there are a few things you can ask to be court ordered before he can see the child...
    Ie random drug testing and rehab if necessary (If he fails drug tests)
    Parenting courses
    Domestic violence courses.
    Mental health assessments.
    Then after he's passed etc
    Supervised visits to establish a bond.
    If /when your child attends school etc you can get him to agree to not taking your child from school etc.
    You can also ask for him to pay for these things so your not at a loss.
    There's alot more you can ask for its just knowing what you need to make sure both you and the child feel safe to allow contact if he really wants it.
    If he's serious about seeing the child he will do everything he can to prove he's a changed man.
    And if he's full of hot air and doesn't do anything apply for full custody.
     
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