TAS Will i see my girls again?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Toll

Member
4 October 2021
1
0
1
3 years ago I was in a really bad place and I asked my kids dads to keep the children as I attempted suicide. I immediately got help and my kids back after a week. My ex who I have 2 other girls with (now aged 6 and 7) we had another baby after that but he never wanted her, broke up with me when I told him I was pregnant and wanted an abortion so I have bought her up by myself...she is nearly 2. He now tells everyone that she isn't his and refused paternity when I tried to list him on the birth certificate. I have been persistent with him to be part of her life...so persistent that he took a police family violence order against me for harassment. Last week everything came crashing down and it all got too much and I had a huge anxiety attack and wanted to die, my older children called the ambulance and the police came. All the children were taken to their dads as I have no family for help while I went into the hospital (I didn't want to go in the police said I had no choice) only for the hospital to tell me 5 minutes after getting there I didn't need to be there and could go home. The next morning I went to get my children from their dads and they all came home except for my 2 girls from my ex. He said im unstable and the girls aren't safe with me and refused for me to pick them up. I've asked to speak with them on the phone and he won't allow that either. Our near 2 year old that he has never had anything to do with stayed with my older kids dad while I was at the hospital and my ex never even asked about her or where she would stay. I'm waiting to speak to a lawyer about what I can do and if I'll ever be able to get my girls back. I know I've put them through a lot with my depression and anxiety but I certainly never done it on purpose or put them in any harm at any stage. We currently have a parenting plan in place. What are my chances of ever seeing my girls again? 😔😔
 

Complex3

Well-Known Member
14 August 2021
38
4
124
Take a breath, I feel for you. Contact a lawyer, but on a personal note, get some help for yourself. You don’t mention if you are seeking help for your depression and anxiety, but I would be concerned if my ex did this and be asking for them to seek professional help. It will help you if you do need to mediate. Take care of yourself
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
Yeah, I would suggest that you get help too. Not only for yourself and your kids' sake, but also because it will be much more favourable for you if it does go down the legal route. Lawyers and judges are going to want to see that you have taken steps to provide more stability.

Try not to think in terms of 'will I ever see them again'. Of course you will. Nobody is ever going to be able to prevent you from seeing your children unless you're actually abusive on a consistent basis, and it doesn't sound like you are. At most, you might have to be supervised for a while to prove that you can handle it. The other side (the ex or his lawyer) may insist on it, and that will probably be the quickest way back to the children. You don't HAVE to agree, but if you don't then you're probably going to force the issue to court where a judge may decide on it anyway (but who knows, I don't know what a court is going to decide). But really, don't worry about never seeing them again. That's your anxiety and depression talking. Just get the help and take it step by step and things will happen. They might not always happen as fast as you'd like (god knows the legal system can move very slowly and conservatively), but as long as you're doing the right thing, there will be progress. That's my two cents anyway.