QLD How to Get Custody of Children Off Unstable Ex?

[Andy Mazza]

My ex partner has taken off with my boys more than once, I don't hear from her or the boys whom are only 7 and 6 until she decides to come back rocking up on my door after 10 months, and expects everything to be back to normal.

I have always taken her back, and this time she took off again in January to Sydney and I can't get in touch with my kids or her, only the mother-in-law who tells me some things that go on, and I have just been informed by her mother she is bad on the ice and is neglecting my boys. Now take into consideration she has already been to court over drug trafficking in the past and has once admitted herself to a mental ward.

She has mentally manipulated for the past few years, made me believe I have no rights to my boys. There are no family court orders in place or anything legal. I'm on the boys' birth certificate and am their father. I'm very concerned about their well-being. What am I to do to get my children off her and keep them in my care until the family court sorts out the custody of children?

 

[JS79]

Usually prior to being able to take a family law matter to court you would be required to mediate with your ex. If your ex fails to show for mediation or in the event that she turns up for mediation but you both cannot agree, you would be given a certificate to enable you to apply to the family court.

In some cases you do not have to do this mediation, especially if you are concerned about your children's welfare. See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you/
which can get you in touch with a local family lawyer who will be able to give you options that are personal to your situation.

 

[Andy Mazza]

If we both have equal rights to the boys is it true that the parent whom has them in their care at the time and goes to the police concerned about their safety and gets a child protection order against them, has them in their care until it is sorted in court ?

 

[AllForHer]

No, that's not true. That's impossible to predict. What's to say CPS won't take them into foster care while the orders are being sorted? It all comes down to what the court determines is in the best interests of the children.

If you want the kids in your care, the best chance you have of attaining that without it going against you in proceedings is by seeking interim orders that the children live with you and spend time with the other parent until final orders are determined.

Have you already commenced proceedings?

 

[sammy01]

so mum is in Sydney with the kids? how far from Sydney are you? How is the relationship with mother in law? Has she expressed concern for the kids? Would she help you locate the kids?

There are a few ways to go, and are dependent on lots of things like whether or not you have started proceedings.

BUT if you think the kids are in harm's way then go get them and make her apply to get them back... Seriously - there is nothing legally stopping you and increasingly I'm of the opinion that this is the way to go especially IF mum has issues.

IF you can't locate her then apply to court and a magistrate can find her via her centrelink payments.

 

[Andy Mazza]

No proceedings have been made yet, I have spoken to a lawyer and he said I can't take them away from where they have been living the past 6 months, it will go against me if it went to court I live in Qld. The mother-in-law is concerned too she is the one who called me about the kids being not looked after or fed properly

 

[sammy01]

yep I tend to agree with the solicitor. BUT if the kids are at risk then you taking the kids back is in their best interest AND if your Mother-In-Law is willing to support this then go for it. It means that it will be up to the ex to take you to court.... Better than you taking her to court.

 

[Andy Mazza]

I have looked up this Interim order. I think this is what I should get straight onto. My lawyer hasn't even suggested it.

 

[AllForHer]

Remember, you can only file for an interim order if you are also filing for final orders, but this may be the best option for you, in any case.