VIC Ex is Trying to Take My 16 Year Old Child Away

[Laurien Kennedy]

My ex from the UK has decided to take my 16 year old to Centrelink to try to get him re-housed, saying I have kicked him out which is false. I have had behavioural problems with my son that the father is not interested in hearing about, so now my son thinks it would be more fun to get housing rather than follow my few house rules.

The UK divorce says the children are to reside with their mother in Australia. Is the ex breaking family court orders? How can I stop this? I have housed my children in a 4 bedroom house so they are comfortably provided for. My son does not want to live with his dad in the UK and is playing us against each other. My son is disturbed and needs counselling so is doing this to avoid it. Don't know what to do.

 

[AllForHer]

Well, your best avenue for this is to seek legal advice, but for some general knowledge...

If the child is taken by the father to the UK, then yes, that would be a contravention of orders, but if they simply say that the child is to live with the mother in Australia, and the father is simply taking him to Centrelink, it's unlikely this activity would be considered a contravention of orders, especially as this was in a divorce decree (I assume), rather than parenting/consent orders for the kids' care arrangements.

If this parenting matter were to appear before the court, the court would give significant weight to your son's opinion, if he wished to give it, because he would be deemed old enough for that opinion to be informed.

In this scenario, you might like to give hefty consideration to what your son's opinion might be at this time - as a hormonal teenager whose mother describes him as 'disturbed' (even if you are doing the right thing by trying to get him to counselling), he may claim to the court that you are the cause of his behavioural issues, that he is afraid of you or that you are mentally and emotionally abusing him, thus giving him grounds to seek release from your care.

Thus, it would be worthwhile to avoid this potential scenario by bringing the father and your son to a child-inclusive mediation session that lays all of these issues on the table, gives your son a chance to be heard in a safe environment, and enables all three of you to reach an arrangement that meets your son's best interests.