QLD Homeschooling Issue - Should Father Fight for Custody of Children?

[nibler1300]

Hi all.
Curiosity is getting the best of me so I had to ask.

We are somewhat worried that BioMum will not return SD6 after their visit.

Reasons to think this is BioMum has just gone completely off the rails with abusive messages etc. Her communication with my partner has been very formal and today she sent a message to me saying what a disgusting person I am etc.

Another hypothetical but I'd rather know what to do in the case that it does happen.
How do we get child back if Mum decides she will keep the SD6 (because current orders say that Mum has majority custody - these do not reflect the current situation!)

Do we file for a recovery order? Or do we have to start new proceedings?

 

[sammy01]

Ok, so what was the catalyst for mum's nasty message?

Remind us - how long has the kid been in your care?
Was it agreed that the kid would stay with you?

How far do you live from mum?
Do you think she could pick kid up from school? Nothing stopping her?

Maybe a letter to mum.. From dad.

Dear mum,
I think we should get new consent orders sorted to reflect the current situation. I am prepared to pay the expenses.Do you agree

 

[nibler1300]

If we knew what caused Mum to go off the rails, we would be able to fix it.
SD6 has said that Mum sat her down and asked her a lot of questions. Maybe she didn't like some of the answers? Doesn't make sense though because she was talking to us perfectly fine while SD6 was over there.

SD6 has been in our care since Easter Long Weekend. It was agreed that SD6 would stay with us full time. School Principal called to confirm this prior to her being enrolled in school. Centrelink/CSA have been notified about change in care.

Mum lives 8 and a half hours away. Different states. She honestly doubt that she would drive all this way considering she has refused travelling anywhere for the past 4 years.

Would a letter be poking an already angry bear? What happens if she says no, she wont change the orders.

What is the process if she says yes?

 

[sammy01]

ok so there are a few ways to play this...
IF she kept the kid you could file for an urgent recovery order. Given the kid is enrolled in QLD and centrelink etc you have a good case. But mum also has a good case as she has the consent orders. I reckon this is the path of least resistance and probably the one I'd suggest UNLESS you have real fears for the kid with mum and you have more than a bit of anxiety that she might keep the kid.

Nasty message? Hmm just ignore, you get that sometimes from crazy people

Yup poking angry bear, bad idea. If she says no, you could just risk it and send her and hope he kid comes back as per agreement....
OR you could apply for new court orders as there has been a substantial change in circumstance. The problem here is - do you withold the kid until court out of fear that she MIGHT not return the kid. None of this sounds fun

So what if you ask her. She agrees. You get a case of beer delivered here and I'll write them up for you. She signs, he signs, court stamps them. DONE
But it is Never that easy... You write them up, she changes her mind or doesn't like paragraph 4 blah blah... Poking bears, bad idea. I like this idea because I get beer delivered. BUT I think risking it and filing a recovery order if she doesn't return the kid is probably the better option...

 

[nibler1300]

Mum is in QLD, we are in NSW, near Newcastle.

Considering we have a paper trail, how difficult would it be to get said urgent recovery order? Should we have an affidavit ready to go just incase?

I fear that if we were to even ask, she would just lose it (even moreso than what she has!) Not fearful of the repercussions for us but for SD6.

 

[sammy01]

Do you think is is gonna keep the kid? I don't see much changing from the last time apart from a nasty text message??? Has she actually even hinted at that being her plan?

Look urgent recovery orders are not the sort of thing I'd wanna recommend via self representing.