vron

Hi Vron,

 

Sorry to hear about your situation. I have been on the receiving end of something similar and had to go to the court system to get access to my daughter. The emotional stress is unbelievable. Did your daughter and her ex have a parenting plan or consent orders (court orders) in place regarding the children? If she had consent orders in place, he may (most likely is) in breach of court orders and she can ask for a recovery order.

 

If she believes that the children are in danger she should contact child services immediately. But they are with their Dad and if the children are not in immediate danger the courts will decide on what is best for the children and access. Ideally the courts want the parents to come to an agreement and normally insist on mediation. Remember Dad has as much right to see his kids and be part of their life as Mum does but his actions will not be looked upon favourably. It sounds like they have already started down the family court process.

 

You may get some good advice from mensline.org.au. Although targeted as a support forum for men, there are lots of guys who give good reasoned advice and emotional support regarding child custody issues and the family court process (as they have been through it). Have a look in the forum. Plenty of us have had experience with crazy ex's. The courts do normally get it right but it takes a long time. Tell your daughter to remain focused on the kids in her evidence, the courts aren't interested in the he said/she said stuff unless there are domestic violence or drug/alcohol issues.

 

The courts will act in the best interests of the children and may appoint an independent children's lawyer (ICL) to safeguard their interest. In the court process, there is no such thing as mother's rights or father's rights but there are children's rights. The children have a right to a relationship with both parents and to spend significant time with both parents (ideally 50-50).

 

Good luck.

As we are from the uk.Austalian law.is something we have no idea about.they have been to mediation.

he had the children,every other weekend.she allways let them spend birthdays etc.fairly between them.in fact she spent last Xmas on her own so he could have the has never denied his family or him access .He was happy with the arangment.never asked for more.but recently,lost a few jobs.and is now unemployed.the day after he took them he was trying to take 100% of the centre link money.

But thank you for giving us the advice.we are and have been trying every avenue.we will look at mensline

It's a terrible traumatic situation for the children. Get the best legal help you can afford. The welfare of the kids is the most important thing and the law will decide what's best for them. Good luck.

Yes sadly it's the children who will suffer from this.thank you for your support.we are seeing a lawyer today

I'll tell u a quick version of events

we are from the uk,our daughter lives on the Gold Coast,she is divorced 2 yrs from her Australian husband,

We had a call from her on Sunday last week,to say her 6yr old daughter and 2 yr old son were .taken by her ex husband .she managed to grab her 4 yr old son

We managed to get a flight out from Heathrow the same day.believe me that was the longest flight of our lives.

on arriving .my daughter was served with a dvo.stopping her and us going anywhere near the children.He even accused my husband and myself.of abusing the children every time we come over.even saying we beat them,starve them,and burn them.

My daughter took out her own dvo,as she was frightened the little boy would be snatched next.

we went to court on Monday.he didn't show up.he was served via text,but the police were unable to contact him in person,so it was adjourned till next Tuesday.

In the meantime he's allowed her to see the children for 8mins,in the police station( her choice)

We are hitting a brick wall.every way we turn.as a dad he is allowed to just take them.

we are all going crazy.its so very frustrating.were unable to eat,sleep.and our daughter is falling apart.

Im writing this in absolute desperation.

Yes I applied for 103 in April, was going to go for a 143 but due to economic climate decided I wasn't going to go there and be poor. My intention is to wait for 3 or 4 years and switch to 143 when hopefully my assets will go further.

we are the same ,going to apply when we go to the uk in december.really dont want to use that much money for cpv,and be in difficulty in our twilight years

is there anyone still considering the non contibutary parent visa,even though,it will take forever?

so, does that mean you can work as soon as you apply?or do you have to wait untill your visa is granted ?

Well said,sandch, there must be so many of us facing this problem,we havent even started our journey yet.looks like a long hard road...

thank you for your post audiopip,found it very interesting,we are contemplating a cpv,and trying to decide,is spending that much money really a good idea,

we are both 59 and 60,by the time we get our cpv,can we ever get that money back by working,i doubt it.

yes we want to be here with our family,but at what cost,what to do ??

we are like u dont know if we should go for cpv.because of the financial climate etc...would we be leaving ourselves short of money in the future....at our age 59 and 60 u couldnt earn that money back !!!

Great,will look forward to hearing from other parent,s wanting to get to oz...we will be able to pick your brains,hopefully to help keep us going on the journey to be with our family in oz .Were back in the u.k at the moment,mixed emotions missing so many things about u.k,but allso want to be with our family in oz,bet were not allone in our thinking ...