VIC Contravention of parenting orders

[Carla11]

I have primary care of 12 year child with other parent having visitations. The other parent has refused to give child back stating she doesnt want to come home and wont force her to. This isn't the first time this has happened in their care and now they're starting they're enrolling her into another school even though the orders state which school the child is to attend to. The other parent lives in hours away. The final parenting order was issued 2 years ago and there have been no significant changes, the other parent has wanted child to live with them and took off for 3 months last time. Last time we went to get a recovery order but they had already gone to the court where the final orders were made, this only happens when the child goes to visitation and the other parent tells her that she should be living with them. I am wanting to seek a recovery/contravention order. Can the child be enrolled conditionally into another school even though I have primary care and orders state not to enrol her into another school. I want to do things the right way and not comprise getting her back home. Please help. The other parent is telling me that their laywer has advised them to do this however that doesnt sound right to me.

 

[sammy01]

when should the child have returned?
Is the child in Victoria with the other parent?

Contact the local branch of the Vic dept of ed and show them the orders.
Apply to court asap.

 

[Carla11]

The child should have returned Monday just gone, however the other parent refused to drop off a per court orders so tried to make another time and the other parent is saying the child refuses to leave their house. As I said this isn't the first time it has happened but there were no final orders previously only parenting plans so there was no contravention applicable although the judge had told the other parent not to do it again and they were opportunistic when the child was in their care regarding changeover. She is a happy child here and we have never prevented contact or visitation to the other parent. The other parent has sent several texts telling me they wont force the child to go therefore will not be doing any changeover but stating they not holding them over that the child is refusing to leave their house at their own free will. They also sent a text that they are planning on the new school enrollment and that correspondence should now go through their lawyer. I dont know what to do, the other parent kept the child for months last time and i dont want this to happen again.

 

[Atticus]

As Sammy says.... Contact the Education dept with a copy of the orders... They will be facilitating a breach if they knowingly accept an enrollment contrary to orders. Don't think they will want to do that...

Then seek an urgent recovery order.... This time you have actual orders & they have form... Already been warned against this kind of stunt so that helps your cause

 

[sammy01]

there is some stuff that I reckon I'd go at DIY and self rep- recovery orders isn't one of them. Get to a solicitor asap and seek orders that mean no more access with the other parent.

 

[Jimbo!]

Isn't this delaying the inevitable? If legally she can't live with her Dad now, she will did in a year or so. Good luck trying to stop a 13, 14 year old from living where they want. Rightly or wrongly the child wants to live with her Dad. If she is happy, content and doing well with her Dad, let her live there, at least for the time being and work on having a healthy relationship with her and your ex.

 

[sammy01]

Jimbo - you're working on some assumptions I don't think you can make.... The OP said " The other parent has refused to give child back stating she doesnt want to come home and wont force her to". The other parent is stating the kid doesn't wanna return. NOT THE CHILD... Given the other parent seems to have lost when parenting orders were made. It seems pretty obvious these are the actions of the parent not the wish of the child and even if it was, there is the issue of the child being coearced AND given this was in court 2 yrs ago... Those orders should be adhered too... Kids says they don't wanna go to school / the dentist / Grandma's house... So what?

 

[Jimbo!]

Jimbo - you're working on some assumptions I don't think you can make.... The OP said " The other parent has refused to give child back stating she doesnt want to come home and wont force her to". The other parent is stating the kid doesn't wanna return. NOT THE CHILD... Given the other parent seems to have lost when parenting orders were made. It seems pretty obvious these are the actions of the parent not the wish of the child and even if it was, there is the issue of the child being coearced AND given this was in court 2 yrs ago... Those orders should be adhered too... Kids says they don't wanna go to school / the dentist / Grandma's house... So what?

Yeah I am making assumptions and speculating. But have seen friends go through similar situations. The kids very quickly get forgotten about, in what turns into a pissing contest. She's 12, perhaps she is being coerced, controlled and threatened by her Dad, perhaps she's happier and more content with her Dad.