QLD Custody of Children - How to Get Kids Back?

[Lolita]

Hey,

My boyfriend has two kids with his ex wife, and he does worry about the kids when they are with the mother because she doesn't take her responsibility and is inconsistent about their welfare. She drinks a lot, doesn't get the kids to school, don't have money sometimes to feed them...They actually have the kids one week each - that's why he got a lawyer a few weeks ago to ask about having the kids on school days and let her see the kids every two weekends and half of school holidays.

Few days ago, he came to see her to give her the letter of his request from the lawyer. She just got mad and told him that she wasn't giving him the kids back until they go to the family court. He normally had to get the girls on Christmas day for his week, but she doesn't want to, so he spent Christmas by himself and she still doesn't want to give the kids back...

It is possible to do something to get the kids' custody of children back really quickly? Is it possible, for example, to ask the cops to come over with him for her to let him pick the kids?

Please, is there is a solution? I am actually in France with my family, and it is killing me to know that she won't let him see the girls. He needs to get them back. I really do need help.

Thanks to all.

 

[AllForHer]

Are there court orders in place?

 

[Lolita]

Are there court orders in place?

No, not yet. He just gave her the letter from the lawyer to propose her an arrangement...

 

[sammy01]

Ok so, do nothing... For the minute. Maybe get a new solicitor... But let's just pause on that one, too.

It was a stupid time of year to do anything like this and I realise I don't have all the info but it seems like a silly thing for the solicitor to suggest to do. Not without mediation, or some other intervention first.

So are there any welfare reports from any authorities about the ex? About the kids when they are with the ex?

 

[Lolita]

Ok so, do nothing... For the minute. Maybe get a new solicitor... But let's just pause on that one, too.

It was a stupid time of year to do anything like this and I realise I don't have all the info but it seems like a silly thing for the solicitor to suggest to do. Not without mediation, or some other intervention first.

So are there any welfare reports from any authorities about the ex? About the kids when they are with the ex?

Yeah, it's what I told him...

No there isn't. He always wanted to give her the chance to change... I know he shouldn't, and I told him but...anyway...

They just have mutual agreements she doesn't respect anymore...

Do you think it's possible to ask the police to call her and tell her that she has to give them back because she cannot let him not see the kids? That way he can do Christmas with them...

He tried to call the kids. She let him talk to them. He said "I wish you could come over for Christmas" and she just took the phone and told him to stop lying.

 

[sammy01]

the cops wont do much and getting them involved will only piss her off more. BEST he can do is apologise and ask for the previous arrangements to start again..... BUT for the minute do nothing and wait for the child support agency to call - and they will

Tell him not to contact her NEVER . IF he sends text messages and gets involved in a text message war she will have all she needs to get an AVO against him.... That ain't fun

 

[Lolita]

the cops wont do much and getting them involved will only piss her off more. BEST he can do is apologise and ask for the previous arrangements to start again..... BUT for the minute do nothing and wait for the child support agency to call - and they will

Tell him not to contact her NEVER . IF he sends text messages and gets involved in a text message war she will have all she needs to get an AVO against him.... That ain't fun

Alright, thank you for your help

 

[Lolita]

the cops wont do much and getting them involved will only piss her off more. BEST he can do is apologise and ask for the previous arrangements to start again..... BUT for the minute do nothing and wait for the child support agency to call - and they will

Tell him not to contact her NEVER . IF he sends text messages and gets involved in a text message war she will have all she needs to get an AVO against him.... That ain't fun

Do you think he should report what happen to the autorities ?

 

[AllForHer]

No, not yet. He just gave her the letter from the lawyer to propose her an arrangement...

No orders, no rules.

Even though there's an agreement in place, it's not binding, so the court won't enforce it. Further, police of any description don't have jurisdiction over family law matters unless explicitly ordered by the Family Court to intervene in some way, which is usually for enforcement of a court order.

So, in short, there's no authority you can report this to, nor any authority that will intervene without court orders.

The answer is to get orders, though frankly, your partner has it very good with 50/50. You haven't really given any reason here to justify interfering with the kids' routine and cutting their time with mum from 50/50 to alternate weekends and half holidays...