vron Posted October 21, 2015 Share Posted October 21, 2015 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. Link to comment Share on other sites More sharing options...
akiralx Posted October 21, 2015 Share Posted October 21, 2015 Sounds like a lawyer should be engaged. Remember that your daughter has just taken her son, so not sure why his actions are different? Link to comment Share on other sites More sharing options...
Lambethlad Posted October 21, 2015 Share Posted October 21, 2015 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. Link to comment Share on other sites More sharing options...
vron Posted October 21, 2015 Author Share Posted October 21, 2015 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 Link to comment Share on other sites More sharing options...
Collie Posted October 21, 2015 Share Posted October 21, 2015 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. Link to comment Share on other sites More sharing options...
vron Posted October 21, 2015 Author Share Posted October 21, 2015 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 Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.