SA How likely is my recovery order to be granted?

[Jade28]

Ok, so my lawyer and I have just sent the affidavit etc to the courts to seek a recovery order. I'm wondering if I'll be successful. (peace of mind i guess) Bit of back story;
*No court orders/parental orders currently in place BUT I have always been the main career (100% care with child support and Centrelink aswell)
*My ex is very abusive, physically and mentally to me in front of the child (shown in past criminal records so there is proof)
*He has the child in another state and is outright refusing to bring him back to sa and to even mediate (we did a welfare check so know his location)
*He says he has a lawyer but wont disclose who to my lawyer for mediation (we think he doesn't have one and is trying scare tactics
*He actually quit his job and took off to do so
*He has no income (Staying with his parents)
*He will not allow me to speak or see our child (3 weeks now and counting)
*The child has attended the same school his whole life and we have lived in the same house for 3 years (definite stability)
*Apart from the father he has only ever met the grandparents once 5 years ago for a day
*The father has a history of violence before our relationship and even with his father whom he is staying with
Hoping this is enough info for someone to tell me possible direction of our case
Also how long does it generally take for the court to actually "hear" the case to decide if recovery order is granted.

 

[Rod]

Did you file an application including parenting orders, or just a recovery order?

 

[Jade28]

yes we are applying for parenting orders aswell. the affidavit also includes 4 pages of violent events that have occurred in front of the child.

 

[Rod]

Good that you are doing parenting orders, sounds like your lawyer knows a thing or two.

Your lawyer will be the one best placed to answer your question. I'm not in SA and it depends partly on the judges in SA and how long their list is. If you have lodged urgent recovery orders these types of requests get shunted to the top of a queue, while your other orders will take time.

 

[Jade28]

definitely marked with urgent. my lawyer said she cannot "guarantee" anything but see's no reason why it would be rejected.

 

[Rod]

OK. Be patient for a day or two at most and then you should find out when it will be heard. Give the application time to be processed at the court.

It is nerve wracking waiting, but it looks like you have done all you can short of driving interstate and that is not advisable.

 

[Jade28]

ive done everything possible and then some, even got a mental health assement, couselling, volunteer drug testing etc (anything he might use) and made sure he has NOTHING on me. its just so nerve wrecking lol all signs and everything ive read points to being accepted for sure but its so hard waiting for that answer.

 

[sammy01]

based on what you've written. Very likely... it is going to be a tough few weeks and hopefully not months... But 2-3 months isn't entirely unlikely. But put that in perspective of 18 years of childhood... NOT much and the welfare check is a good thing... true. so you know the child is safe...

Be calm... do as solicitor says. keep us informed can you? I fear the same could happen in my world...