Hi all,
I currently have in my care 2 of my sons ( 13 and 14) who have expressed their desire to live with me for the time being as they were having issues and concerns at their mothers place. This has been the case for the last 5 weeks. The mother is fully aware of the situation and has been notified by myself, our sons and authorities that their current wishes are to remain with me until they get the help they need (mediation, family counselling etc). She has refused to communicate with me and has not responded to multiple emails and text messages regarding the matter. Her only communication has been a letter from her lawyer demanding I return the boys or she will seek an urgent recovery order.
There are current consent orders in place with the usual, every second weekend with me and half school holidays.
I have know for sometime that there has been a building of concern from the boys about the way they are being treated at their mums. This is probably due to the fact they are getting older and are starting to work things out for themselves when something doesnt see right.
They presented themselves ( I had no knowledge) to the School Counsellor about 5 weeks ago and raised all their concerns and issues with her. The school contacted me and advised the boys had requested they return to my care after school.
The issues raised were bad enough that the School filed a report to the Department of Child Safety. The investigation is still ongoing but i have had a few chats with them in person and over the phone and their stance is that they are satisfied because they are in my care at the moment, but if they were forced to go back to their mother, they would look into it again. They also have told me they have advised the mother strongly to respect the wishes of the boys.
At one point the mother has tried to pick up the boys from school, to which the school contacted myself as they were aware of the current matter. Eventually the police had to be called ( boys were never aware of the situation until talked to) and they talked to the boys privately to ask them their views and what they wanted. The boys chose to come home with me.
I have tried to communicate with their mother through calls, texts and emails but I get no response. The letter from her lawyer basically stated that she was of the belief the boys are being held by me for no reason. She has not even attempted to talk to the boys verbally since the 11th of Nov and only send them texts every few days just say "mummy misses you" etc
Late yesterday i have received her application to the court for an urgent recovery order hearing, which somehow has been granted and the first hearing is by teleconference this coming wednesday.
My Questions,
Do i have enough time to get a responding affidavit filed to the courts? Every information i have read states I have 28 day to respond and file a response and to serve the applicant. How does that work when the first hearing is in 4 days? Since it is now the weekend, i have booked an urgent phone consultation on Monday with a lawyer, but im afraid it will be too late? If i efile them on Monday or Tuesday, will that be enough time for it to be seen by 9am wednesday?
It says the first hearing is a Duty List hearing, will that mean an outcome will be determined? Both her interim and final orders state that she is seeking an urgent recovery order. Whats the likely outcome of this hearing.
Could this application just be a legal manouvere just to get me to give up given the short time frame?
Thanks in advance for any help.
I currently have in my care 2 of my sons ( 13 and 14) who have expressed their desire to live with me for the time being as they were having issues and concerns at their mothers place. This has been the case for the last 5 weeks. The mother is fully aware of the situation and has been notified by myself, our sons and authorities that their current wishes are to remain with me until they get the help they need (mediation, family counselling etc). She has refused to communicate with me and has not responded to multiple emails and text messages regarding the matter. Her only communication has been a letter from her lawyer demanding I return the boys or she will seek an urgent recovery order.
There are current consent orders in place with the usual, every second weekend with me and half school holidays.
I have know for sometime that there has been a building of concern from the boys about the way they are being treated at their mums. This is probably due to the fact they are getting older and are starting to work things out for themselves when something doesnt see right.
They presented themselves ( I had no knowledge) to the School Counsellor about 5 weeks ago and raised all their concerns and issues with her. The school contacted me and advised the boys had requested they return to my care after school.
The issues raised were bad enough that the School filed a report to the Department of Child Safety. The investigation is still ongoing but i have had a few chats with them in person and over the phone and their stance is that they are satisfied because they are in my care at the moment, but if they were forced to go back to their mother, they would look into it again. They also have told me they have advised the mother strongly to respect the wishes of the boys.
At one point the mother has tried to pick up the boys from school, to which the school contacted myself as they were aware of the current matter. Eventually the police had to be called ( boys were never aware of the situation until talked to) and they talked to the boys privately to ask them their views and what they wanted. The boys chose to come home with me.
I have tried to communicate with their mother through calls, texts and emails but I get no response. The letter from her lawyer basically stated that she was of the belief the boys are being held by me for no reason. She has not even attempted to talk to the boys verbally since the 11th of Nov and only send them texts every few days just say "mummy misses you" etc
Late yesterday i have received her application to the court for an urgent recovery order hearing, which somehow has been granted and the first hearing is by teleconference this coming wednesday.
My Questions,
Do i have enough time to get a responding affidavit filed to the courts? Every information i have read states I have 28 day to respond and file a response and to serve the applicant. How does that work when the first hearing is in 4 days? Since it is now the weekend, i have booked an urgent phone consultation on Monday with a lawyer, but im afraid it will be too late? If i efile them on Monday or Tuesday, will that be enough time for it to be seen by 9am wednesday?
It says the first hearing is a Duty List hearing, will that mean an outcome will be determined? Both her interim and final orders state that she is seeking an urgent recovery order. Whats the likely outcome of this hearing.
Could this application just be a legal manouvere just to get me to give up given the short time frame?
Thanks in advance for any help.
