NSW Mother has multiple assault chance of recovery order?

[Philly2020]

There is a 10 year old child who currently has equal shared care with both parents.

The father had previously been the primary carer but for the past 18 months the court has granted interim orders providing 50/50 shared care.

The mother has multiple assault charges and has recently breached a section 10 bond (which was put on her from an assault charge) with (you guessed it), a new assault charge. The matter is before the courts but it's fairly open/close, there is very clear cctv footage of the assault plus multiple witnesses as it took place at a shopping center.

The 2 most recent assault charges occurred in the close proximity of the (separate) victims children (aged approx 12y).

The mother also has a history of neglect, not sending the child to school with lunch, missing an excessive amount of school days and constantly late to school.

Do you believe these are grounds enough to file an urgent recovery order for full custody of the child?

Family matters will not be dealt with in court until after property settlement which is taking a very long time.

 

[Tremaine]

Hmm. Hard to know.

The thing that strikes me as really interesting here is that the mother already has a series of assault charges pending (or are they convictions?), yet the court still granted equal care in interim orders. When were the assault charges laid? Before interim orders were made, or after?

And what about mum's relationship with the kids? Has she ever assaulted them or been subject to a violence prevention order of some description (AVO/IVO/DVO/etc.) on which they're named parties?

 

[Philly2020]

Hmm. Hard to know.

The thing that strikes me as really interesting here is that the mother already has a series of assault charges pending (or are they convictions?), yet the court still granted equal care in interim orders. When were the assault charges laid? Before interim orders were made, or after?

And what about mum's relationship with the kids? Has she ever assaulted them or been subject to a violence prevention order of some description (AVO/IVO/DVO/etc.) on which they're named parties?

The mother had 2 assault charges without convictions some time ago. The father was not aware of these when interim orders were made. The interim ordrers were made in feb 18 and a new assault charge made in may 18 with no convitction and a section 10 bond. Approx 1 month ago, another assault charge is pending which is also a breach of the section 10.

There is no known violence known towards her child, just witnessed by the child, however as i mentioned children were in very close proximity to the victims (the victims had their children by their sides) on the last 2 occasions. the victims children have also been added to the AVO as protected persons on at least one AVO, she is also subject of at least 1 current avo on another person.

 

[Atticus]

Unless the mother is withholding the child from returning to the father for his allocated time, then a recovery order is not needed..

Either parent has a right to withhold a child from the other parent IF the child is at risk of physical and or emotional harm by being returned to a parent or caregiver..That said, you should seek professional legal opinion before heading down that path. A child should only be withheld for as long as the threat exists. Being exposed to family violence, as in witnessing it, is not as serious as being the subject of it..

 

[Philly2020]

Unless the mother is withholding the child from returning to the father for his allocated time, then a recovery order is not needed..

Either parent has a right to withhold a child from the other parent IF the child is at risk of physical and or emotional harm by being returned to a parent or caregiver..That said, you should seek professional legal opinion before heading down that path. A child should only be withheld for as long as the threat exists. Being exposed to family violence, as in witnessing it, is not as serious as being the subject of it..

Unfortunately, it is difficult to say how long the threat of the mother subjecting the child to her bursts of violent rage is likely to last. I would assume at very least it would be appropriate for her to complete some kind of anger management program.

Furthermore, if the father decides to withold the child from the mother without court intervention there will be nothing stopping the mother collecting the child from school.

 

[Tremaine]

I’m not sure how an urgent recovery order will go (or if a recovery order is even the right option?). The interim orders are 13 months old and one of the latest assault charges is 10 months old. Why is it urgent now, but not 10 months ago when that first assault charge first came to light?

It might be worth filing an application in a case to change interim orders, but as with all things law, it’s impossible to say whether it’ll succeed.

 

[CSFLW]

Hi Philly

Without having all the material and the current orders to review, you should, at the very least, file an affidavit with all your concerns.

If you need further help (no charge) send your contact details to [email protected] and I will contact you to give you some initial advice.

 

[Philly2020]

I’m not sure how an urgent recovery order will go (or if a recovery order is even the right option?). The interim orders are 13 months old and one of the latest assault charges is 10 months old. Why is it urgent now, but not 10 months ago when that first assault charge first came to light?

It might be worth filing an application in a case to change interim orders, but as with all things law, it’s impossible to say whether it’ll succeed.

It was a concern 10 months ago but the father was advised there was no significant risk to the (his) child as it had been some time between earlier earlier assaults and the mother claimed they were due to immaturity and she had grown since then. Since the new assault has happened in such a short period the father now feels there is an increased risk of psychological harm (if not physical) to his child, the mothers behavior is erratic and her violent way escalating, with this most recent charge involving the throwing of a glass at the victim (and nearby child), with that glass breaking and smashing and injuring (minor) the victim.

 

[Philly2020]

Hi Philly

Without having all the material and the current orders to review, you should, at the very least, file an affidavit with all your concerns.

If you need further help (no charge) send your contact details to [email protected] and I will contact you to give you some initial advice.[/

This is very much appreciated. Thank you, I may contact you in the short future.

 

[CSFLW]

You are welcome.