Family tax or not you let centerlink and the CSA know (one or the other) and voila.. there is your paper trail
QLD Homeschooling Issue - Should Father Fight for Custody of Children?
- Thread starter nibler1300
- Start date
Hi nibler,
An example............ I have final orders in place from 2015 giving 7/7 shared custody of my sons with mum and equal parental responsibility (standard stuff). A few months after the Judge's stamp dried, mum text me one day saying she had to leave town 'for a bit' and could I take care of them 100% until further notice. After a few weeks of texts asking her when she would be back which she didn't reply to I contacted CSA as I was paying her at that point even for 7/7 to update the change in circumstances. It all created a paper trail as others have pointed out above as both CSA and Centrelink obviously had to contact mum for verification which she did eventually after a few months.
Be positive firstly because you can now give stability to your child which it seems they desperately need. Don't sweat the details feeling you need to prove she relinquished custody because if that time comes that she contests it then there will be enough evidence to support it via the school, family members, neighbours, sports clubs etc etc.
All of that will be basically irrelevant if your child starts to do well in a stable environment because that will be what the Judge would be more concerned about if she changes her mind in the future (don't forget she would have to take you to court to have the orders enforced again as you have full time care now)
Don't over think the game because you miss the end goal and that is your child being happy and healthy and mum just might realise that the best chance for your child to have that is with you.
Cheers
An example............ I have final orders in place from 2015 giving 7/7 shared custody of my sons with mum and equal parental responsibility (standard stuff). A few months after the Judge's stamp dried, mum text me one day saying she had to leave town 'for a bit' and could I take care of them 100% until further notice. After a few weeks of texts asking her when she would be back which she didn't reply to I contacted CSA as I was paying her at that point even for 7/7 to update the change in circumstances. It all created a paper trail as others have pointed out above as both CSA and Centrelink obviously had to contact mum for verification which she did eventually after a few months.
Be positive firstly because you can now give stability to your child which it seems they desperately need. Don't sweat the details feeling you need to prove she relinquished custody because if that time comes that she contests it then there will be enough evidence to support it via the school, family members, neighbours, sports clubs etc etc.
All of that will be basically irrelevant if your child starts to do well in a stable environment because that will be what the Judge would be more concerned about if she changes her mind in the future (don't forget she would have to take you to court to have the orders enforced again as you have full time care now)
Don't over think the game because you miss the end goal and that is your child being happy and healthy and mum just might realise that the best chance for your child to have that is with you.
Cheers
Update:
Child has started Primary School and is currently LOVING it! Could not be happier with her attitude and behaviour at school and at home. Completely different girl.
Principal was very upfront with his need to contact Mother or Police to verify whether child was stolen or withheld. Father willingly handed over all of Mother's details and Mum verified that child is in Dad's care and enrolment can go ahead.
Mother was listed on enrolment papers and she will receive all information that Father receives.
Mother has spoken to CSA (because she thinks she is entitled to more money? Go figure.... anyway....) and notified them that child is in Dad's care.
Father to contact CSA tomorrow to confirm child is in his care.
Mother has now realised that child is doing very well and has said "I would like something in writing saying that I have her back in January 2019 unless we agree that she is doing well and can stay there. Maybe we will make that decision in October for the following year".
I am asking advise on how to deal with this.
Obviously... We have the paper trail, in CSA contact, approval of school enrolment and verification with school that child is in Dad's care.
Does Father really need to sign anything?
Completely hypothetical situation.
If child goes with Mother in January 2019 and Mother enrols child in school (using Dec 2017 court docs), would the evidence above suffice in a recovery order?
Child has started Primary School and is currently LOVING it! Could not be happier with her attitude and behaviour at school and at home. Completely different girl.
Principal was very upfront with his need to contact Mother or Police to verify whether child was stolen or withheld. Father willingly handed over all of Mother's details and Mum verified that child is in Dad's care and enrolment can go ahead.
Mother was listed on enrolment papers and she will receive all information that Father receives.
Mother has spoken to CSA (because she thinks she is entitled to more money? Go figure.... anyway....) and notified them that child is in Dad's care.
Father to contact CSA tomorrow to confirm child is in his care.
Mother has now realised that child is doing very well and has said "I would like something in writing saying that I have her back in January 2019 unless we agree that she is doing well and can stay there. Maybe we will make that decision in October for the following year".
I am asking advise on how to deal with this.
Obviously... We have the paper trail, in CSA contact, approval of school enrolment and verification with school that child is in Dad's care.
Does Father really need to sign anything?
Completely hypothetical situation.
If child goes with Mother in January 2019 and Mother enrols child in school (using Dec 2017 court docs), would the evidence above suffice in a recovery order?
Not looking for arguments about thinking about hypothetical situations.
I am just wanting to know whether the evidence we have would be enough to get a recovery order if needed.
I am just wanting to know whether the evidence we have would be enough to get a recovery order if needed.
court orders are the default.
Getting a recovery order without orders that say the kid lives with you is problematic. But history is what matters. If you get a few months of consistent care up your sleeve then you're on a winner.
What arrangements are there for mum to see the kid? any sort of agreement?
Getting a recovery order without orders that say the kid lives with you is problematic. But history is what matters. If you get a few months of consistent care up your sleeve then you're on a winner.
What arrangements are there for mum to see the kid? any sort of agreement?
Mum has agreed verbally to swap the current orders. So care for Mum would be 11 days in each school holidays, half xmas holidays. Alternating xmas/child's birthday each year.
Mother will definately not agree to anything in writing unless it says that she has the choice and it would need to be agreed that child stays.
What we are afraid of it child going back in Jan and Mother knows court waiting times so by the time court get around to the case, child would already be in school and judge won't want to uplift her from Mother's household. Even though Mother would essentially be doing the same in reverse
Mother will definately not agree to anything in writing unless it says that she has the choice and it would need to be agreed that child stays.
What we are afraid of it child going back in Jan and Mother knows court waiting times so by the time court get around to the case, child would already be in school and judge won't want to uplift her from Mother's household. Even though Mother would essentially be doing the same in reverse
So, mum wants an agreement to uproot the child again in a few months time, unless someone says she's doing well? Who gets to decide how well she's doing? The parent who hasn't lived with the child for the past eight months? The school? A psychologist? Mary May from up the street?
If it were me, I would get maybe two months of current care arrangements up my sleeve, then start proceedings to vary the orders yourself. A change of residency is very much a significant change of circumstances to meet the Rice & Asplund threshold, plus you'll have an undisputed child support assessment and payment history that places you as the primary carer to support your case for formally changing the orders...
If it were me, I would get maybe two months of current care arrangements up my sleeve, then start proceedings to vary the orders yourself. A change of residency is very much a significant change of circumstances to meet the Rice & Asplund threshold, plus you'll have an undisputed child support assessment and payment history that places you as the primary carer to support your case for formally changing the orders...
What do we do if Mother puts through a recovery order before then?
Remembering that the Principal actually called her to confirm that the child is residing with Father.
CSA has spoken with her as well.
Remembering that the Principal actually called her to confirm that the child is residing with Father.
CSA has spoken with her as well.
Similar threads
