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  1. #11
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    He told me he will take her. Told me to fick off and take my eldest(not his) but leave the youngest because she his his and will drag me through the courts. He wouldn't hurt her but wouldn't give her back

  2. #12
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    But if you do let him have her even for a few hours and he does 'take her' the opposite applies to you. You also can't get a child recovery order. So be careful.

  3. #13
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    Until there are orders in place then there is nothing that can be done to legally get the child from one parent to the other, as both parents are seen as having care of the child. He is well within his rights to pick her up at anytime, or to have visitation with her and not return her. Court order will not be given unless mediation is attempted first. During mediation you can agree on access etc, and the mediator will sign off and then the judge will sign off. If you don't agree you have I think 3 attempts to agree, and then if you still can't agree then it will go to court for a judge to decide.

    Be careful about handing her over, but also be careful about withholding access. If it gets to court you want to be seen as reasonable and willing to facilitate a relationship between father and child. Start thinking now about what you want the custody arrangements to be. Be prepared to go 50/50. Even in DV cases the perpertrator can and will be awarded 50/50 (it happened to a friend of mine, despite her having a Dvo against her ex on behalf of the kids).

  4. #14
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    He would never harm her or me but after hearing the news ya pretty scary

  5. #15
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    While well meaning some of the info provided in this thread is wrong. Contact your local community legal centre if you cannot afford a private lawyer (white pages, google or legal aid in your state can give referral numbers).

    If you do not think that he will return her do not give him any contact until you have, at the very least, obtained legal advice (and quite possibly until parenting orders are in place either through negotiation or order of the court).

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    Maia  (28-01-2014)

  7. #16
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    Op how old is your youngest child? Babies who are breast feeding are in a different category and if you were bf'ing and he took her then it is possible to get the police on side to have her returned.

  8. #17
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    She is 3 and not breast feeding. He has agreed to go to counselling which is a positive step I guess but I still feel sick and broken


 

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