Being Denied My Children...URGENT

[Alekay]

I am really in need of some help of some places to get some info tonight about my situation!!

I haven't been on here in ages hopefully some will remember me i was mel06 :)

Me and my husband have seperated and he is living in QLD and me SA at the moment.

At the start of Sept i was agreed that he would have the kids for 2 weeks and then return them to me as i was in Sydney at the time. He then refused to return them and still has them to date.

He is trying to blackmail me into returning to QLD which i am refusing to do as the reason i left him was the controlling behaviour.

He is saying unless i return to QLD he will not let me see the children.

Today i rung as normal to talk to my DD and he then got on the phone and started going off at me about getting back to QLD etc and that i am only allowed to see the kids on certain days. He then said he was going to sell the house move and only give me a phone number so i have no idea where they will be.

I am so freaked out i can not move back up ther due to controlling behaviour. lawyers i have sopken to say i am entitled to vistation etc. He is saying unless i do what he wants i cant see the kids at all.

I am wondering if anyone knows any links that have some info on them i can read tonight as it is to late to get any other advice.


Thank you for reading :wave:

[fox_girl]

:hugs:I am so sorry to hear this.

Do you have any custody arrangements or court orders?
Have you spoken to the police about this?

Not sure of any links where you can get advise.

What if you go up to QLD and bring the kids back?

[Jender]

I haven't got a link but try looking around the legal aid sites and make them first thing in the morning

[QTB]

i remember you :hugs:

could you come to QLD and pretend all is ok to get them back - then leave when hes at work or something? just leave him a ph number and not an address? then apply asap for custody?

[Alekay]

Thanks guys. No there is nothing in writing or signed which is making it hard.

The problem is that I can't take them out of state without his permission which is what he is refusing to give. Lawyers say if it went to court i would have to stay within 20kms of him since he wants that.

:banghead::banghead: I am going nuts i haven't seen my kids since Sept :no:

QTB :hugs: I remember you as well :)

[fox_girl]

How come he can keep them in a different state to you and get away with it but you cant take them out without his permission?

Does his permission need to be written consent?

[Alekay]

How come he can keep them in a different state to you and get away with it but you cant take them out without his permission?

Does his permission need to be written consent?

They were born in Queensland and yes it does need to be written otherwise he can say i have taken them without his consent :banghead::hair:

[Lastcenturymum]

How come he can keep them in a different state to you and get away with it but you cant take them out without his permission?

Does his permission need to be written consent?

I was going to ask that - if you have no written or legal agreement about then how can that be enforced?

Is the issue complicated because you moved from Sydney and also because you voluntarily sent them to him - not like he 'kidnapped' them?

I can't imagine what you are going through.:hugs:

[333]

My advise is get physical contact with your kids ASAP. The longer you are without physical contact the more likely it is the courts will order in his favour. The courts main emphasis is to acknowledge the rights of the children. Neither parent, nor circumstances will overweigh that.

Get in contact with legal aid as soon as you can. You will need to take this to court if he is refusing contact but it looks liek you may have to move back to QLD.

There have been cases inwhich a child has been literally kidnapped by the 'other' parent and even recognising this the courts give custody to that parent because that is the best interests of the child. The parent they are used to. The primary care giver.

The fact of the matter is that you chose to move to another state. Not him. And he will have to agree to you moving with them to another state.

Im so sorry you are in this situation. It is terrible that he lied to you. Im sorry if my advise seems rude its just that time is of the essence.

:hugs::hugs::hugs:
Goodluck with everything!

[peanutbutter&jelly]

Oh hon :hugs: I really don't have anything of use to you, except that you file a police report and get a custody agreement set up asap.

[LilShenanigans]

can you fake moving back? :confused: gawd I have no idea... can only offer my crossed fingers for luck...

[Lissa7]

Oh my goodness I feel so saddened by all of this for you. I would call the police and get up there and see them they need you hun and are probably so confused right now.

Lots of love and best wishes, I can't begin to imagine your pain right now :hugs:

[Dot]

unfortunantly there isnt alot the police can do, you will have to seek legal advise and start the process of family law court ... the family law court will prob grant 50/50 custody based the court proceedings these percentages could be altered.

The matter is not a state matter it is federal and therefore your local police or qld police can not assist you.

Sorry im not much help, but I know there is nothing Police can do.

[RedRose]

How awful!

I'd move back to QLD asap, get the kids and then start court proceedings for a formal custody arrangement.

I can completely understand why you don't want to give in to his controlling behaviour, but to my mind getting your kids back is paramount. Once you physically have them again then you can get started on minimising his influence in your life and distancing yourself legally.

Good luck, my thoughts are with you. :hugs:

[Fuchsia!]

Gawd Mel i had no idea!! Im so sorry you are going through this! Are you still on MSN? Jump on when you get a chance so we can catch up and talk.

So sorry he is being an ***

[Pax]

the only good news i can think of is that just as he took them and kept them because you did not do official papers

YOU CAN DO THE SAME

become the predator and stop being the prey...

if it was me, I would stalk the ******* and then snatch my kids back.

I would stay in Qld as that is what the law requires and i would do all the offical paper work LEGALLY...

but that is only after I put a restraining order on him and DvO etc.

[Grace3]

I'm sorry about your situation.

Have the kids been living with you in SA since your separation?

I agree with some of the other posts.

I would go back to Qld and fight for my kids.

What I mean by this is, move back to Qld show that you can manage as a single parent. Rent a house and provide a loving & stable home for your girls.

You have to show your strong and that you can do this. Ask people for help.

[Angelmist♥]

Oh mate, how heartbreaking :( I'm sorry but by what you have said, you will have to move back to QLD for a while.

Here's a link for Centrelink's social worker services (http://www.centrelink.gov.au/internet/internet.nsf/services/social_worker.htm). Call them or go in and see them and do not leave until they will help you.

Good luck hun :hugs:

[Deserama]

Were your children originally living with you? Then did they go to visit the father and he hasn't returned them? If that's the case...you can actually go to the family court TODAY and get a 'return of residency' petition. I can't remember exactly what it's called...but if you ring legal aide I'm sure they can tell you what it's called.

After that then you will have to go to mediation...you MUST go to mediation before it can even go anywhere near the family court system. If you and the father can agree then a court order will be drawn up and sent to the courts, which will be stamped and for which neither of you can break.

If you cannot agree then that's when there will be steps taken for you to go through the courts and file for residency (it's not called custody anymore).

Meanwhile...I suggest starting a diary...the fact that they lived with you and he didn't return the children after visitation....and the fact that he refuses you access to them will go in your favour...so record it! Record all conversations, what was said and the day they were said.

Now all this advice comes from how it is in Queensland as it stands now. As far as I know, it is accurate as I've had to look into it myself for my children. If it is different in SA I don't know...but I couldn't imagine that it would be that different!

Get onto legal aid TODAY!

[DALLASMUM]

Just check but i think if there is no family court order then you can go get them and bring them to SA- if so go get them. Family courts have a solicitor you can talk to for advice so go to nearest family court and speak to the DUTY solicitor

and i agree with the other poster KEEP A DIARY OF EVERYTHING!!!!!!!!!!!!!!!!!!!!!

and good luck