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  1. #1
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    Default Need urgent advice

    My husband left me today and I took our daughter with me to stay at my parents house. There are no parenting orders in place as we were married. Can he go to the courts and get an order to take her off me? There is no domestic violence or anything but I am so scared he is going to go to the courts and get some sort of order to take her off me

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    He can't take her from you - but can get orders from my understanding. If possible I'd start custody talks early on in a non threatening way and avoid the courts. Obviously I'm not sure of the circumstances surrounding your separation.

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    No way. A court would be hard pressed to take a child from the mother. You would need persistent negligent behaviour or serious addiction for this to happen. If you have fears for your safety please get some support from the Domestic Violence line or a women's service.
    (I know you said there was no DV but you hold fears he will take her which would suggest to me some sort of imbalance in power).
    Last edited by BbBbBh; 27-01-2014 at 21:33.

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    Unless you're a drug addict, alcoholic or abusive towards your daughter, no / he can't just get an order to 'take her away'.

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    Unless there is some serious neglect/abuse by one party legal responsibility always lies with both parents. As PP mentioned please seek help from a woman's refuge if you need it.

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    He could apply for a child recovery order, but basically unless you (or he) are considered a danger to the child or have significant drug/alcohol issues, the court would likely make an interim order of shared care (rather than sole care) until final parenting orders could be made. He could however, physically take the child back and refuse to return him or her in which case you would need to get the recovery order. It is a civil matter, so,the police are unable to help until you have a recovery order.

    Best idea is to get initial legal advice on where you stand in relation to custody and financials and then try to make an agreement with your husband. You can then get the agreement turned into consent orders and approved by the court which makes them legally binding.

    And go to centrelink to see if you can get financial help
    Last edited by Threekids; 27-01-2014 at 23:19.

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    I am from nz so no financial help
    Except ftb. Will be calling a lawyer in the morning. Am not going to work for a few days so she is not going into daycare and I will not be letting him take her.

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    Quote Originally Posted by Threekids View Post
    He could apply for a child recovery order, but basically unless you (or he) are considered a danger to the child or have significant drug/alcohol issues, the court would likely make an interim order of shared care (rather than sole care) until final parenting orders could be made. He could however, physically take the child back and refuse to return him or her in which case you would need to get the recovery order. It is a civil matter, so,the police are unable to help.

    Best idea is to get initial legal advice on where you stand in relation to custody and financials and then try to make an agreement with your husband. You can then get the agreement turned into consent orders and approved by the court which makes them legally binding.

    And go to centrelink to see if you can get financial help
    Op what state are u in? In QLD people can't get recovery orders unless there was a custody order put in place by the Family Law Courts & the other party has breached it.

    I agree with the above post, if u or he r not considered a danger to the child they will be more inclined to make a shared custody order.

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    Quote Originally Posted by Patience Belmont View Post
    I am from nz so no financial help
    Except ftb. Will be calling a lawyer in the morning. Am not going to work for a few days so she is not going into daycare and I will not be letting him take her.
    Why do you fear he will take her? Does he accuse you of being a bad mum, is he vindictive, you fear he will be by himself with her, or that you will be without her?

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    Quote Originally Posted by Rocky27 View Post
    Op what state are u in? In QLD people can't get recovery orders unless there was a custody order put in place by the Family Law Courts & the other party has breached it.
    I'm not a lawyer, but my understanding is that recovery orders are a federal court matter and executed by the AFP, so I would think it is irrelevant as to what state you are in.


 

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