NSW Keeping Kids Away from School - Are My Reasons Valid?

[sammy01]

No such thing as abduction by a parent - not unless there are court orders prohibiting them from seeing the child and that isn't the case here

 

[MartyK]

no such thing as abduction by a parent - not unless there are court orders prohibiting them from seeing the child and that isn't the case here

Are you referring to The Hague Convention? Could you please elaborate as I do not really understand what you mean here sammy?

Thanks

 

[sammy01]

OK, so international abduction is one thing and is covered by Hague...but - even with family court orders that say the kids live with me and spend time with the other parent during particular times...Even with that - if my ex picked the kids up from school at took them away for a week and contravened the court orders, it would not be abduction. Calling the cops and asking to get the ex arrested for child abduction won't work.

The cops won't care because a parent can't abduct their own child. If someone else lifted my kids from outside school, there would be a manhunt to find the abductors. This is a very unfortunate reality, because the person most likely to abduct and harm a child is a disgruntled parent. But in Australia, there is no provision for the cops to get involved unless there is an AVO against the parent who took the kids...

 

[MartyK]

ok so international abduction is one thing and is covered by Hague.... BUT - even with court orders that say the kids live with me and spend time with the other parent during particular times... Even with that - if my ex picked the kids up from school at took them away for a week and contravened the court orders, it would not be abduction, calling the cops and asking to get the ex arrested for child abduction won't work, the cops won't care because a parent cant abduct their own child.... IF someone else lifted my kids from outside school, there would be a manhunt to find the abductors. This is a very unfortunate reality, because the person most likely to abduct and harm a child is a disgruntled parent.... BUT in Australia, there is no provision for the cops to get involved UNLESS there is an AVO against the parent who took the kids....

I kind of agree with what you are saying here sammy.

But in terms of the OP's situation, in the absence of further information, then we do not know if child abduction (a term certainly used in The Hague Convention, in relation to a parent absconding with a child) is an immement threat? Better to ascertain the facts prior to concluding a course of action in my view.

As he does not have any Court Orders, then he is also at liberty to make decisions for the children independent of the mother. Whether those decisions are agreed with by the Court, will be a matter left to the Court, based on all of the facts. Not just those which have been represented here so far.

 

[sammy01]

Nope, he isn't at liberty to make decisions the kids independently. Shared parental responsibility is presumed unless a court has ordered differently.

Regardless - the question was about not taking kids to school in order to keep them away from mum...

My answer is that is dumb to stop kids going to school just so their mum can't pick them up.

 

[MartyK]

nope he isn't at liberty to make decisions the kids independently..... Shared parental responsibility is presumed unless a court has ordered differently.
Regardless - the question was about not taking kids to school in order to keep them away from mum.... My answer is that is dumb to stop kids going to school just so their mum can't pick them up....

I'm not going to argue the common law definition of parental responsibility (where there are no Court orders) V the Family Law Act 1975 definition (when there are Court Orders) with you sammy.

Why not just leave this as you have your opinion and I have another?

 

[sammy01]

Sure no worries - look, I think it is wording and interpretation... But by the same token, while each is entitled to an opinion, I reckon, if someone comes here looking for help, then we gotta do our best and I don't think it is right to say that without court orders, he is at liberty to make decisions independently of the mother.

I think that is wrong and bad opinion. That said, it is right and good opinion to say 'that it will be a matter left to the Court, based on all of the facts".

But we wanna keep folks out of court and while technically, even with orders, parents can and do unilaterally make decisions...courts frown upon it, especially when it means taking kids out of school...

Really, the only time when the courts would consider a unilateral decision by one parent to be satisfactory is when there is an obvious welfare risk... The original poster has not said that to be the case.... What he has said is there is a risk the mum is gonna withhold the kids... His solution, to withhold the kids... He has done what he fears she would do...

Regards

 

[MartyK]

i've not filed the initiating application as yet but will do so tomorrow night

I hope you went alright with getting in your application yesterday filloallefine. It is important that this is done sooner than later if you have reasonable fears for the children's safety.

Family Law outcomes can be precarious by nature. While the actions of one parent may be scorned by one Judge they may not be by another and end results do not always mimic initial outcomes.

Don't be afraid to seek proper legal advice! Good luck

 

[kimsland]

Parents acting like kids and then an 'order' must help the parents behave civilly. Absolutely ridiculous.

What you do is contact each other, and resolve this by not going to court.

Do each of you really want an individual order of when you can see the kids, etc? Wow. Either insane or highly immature. Either grow up and start negotiating like parent, or maybe get the social workers in to look after the lot of you.

I'm concerned about kids in an environment of idiots (personal opinion justified )