My ex took my children from me on the 10th of may, my son got accidentally in my back yard. The police an child safety

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Customer: My ex took my children from me on the 10th of may, my son got burnt accidentally in my back yard. The police an child safety have said that it was an accident in there eyes, my ex has made up allegations an accusations against myself and my partner. My children have been living with my partner and I for over 2 1/2 years and they have felt safe with him. My ex has munipulated the children and told them that I'm horrible. I has gone an quit his job as he is getting heaps of money from me. He doesn't care about the kids at all he just wanted the money.
JA: How old are your children? What state do they live in?
Customer: 3 and 8 QLD Ipswich
JA: Is there an agreement for payment of child support?
Customer: Yes that this stage it goes through child support. He is getting $709 a month from me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He has duck taped my sons hands to his body cause my son is full of energy and my ex said he couldn't control him.
Answered by John Melis in 4 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important comments, what is the outcome you would like to see result.

Customer
Hi John nice to meet you
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John Melis, Expert

hi

The court may make a recovery order if your child has been taken from you or has not been returned to your care. A recovery order can require the return of a child or authorise a person who is named in the order, such as the police to take appropriate action to recover a child and deliver the child to you.

You can apply for a recovery order if you have been granted a parenting order or you are a person concerned with the care, welfare and development of the child.

If the Court makes an order for the recovery of a child, the applicant will need to complete the following:

https://www.afp.gov.au/what-we-do/crime-types/family-law-kit#recovery

What is a recovery order?

A recovery order is defined in section 67Q of the Family Law Act 1975. It is an order of the Court that can require a child be returned to a:

  • parent of the child
  • person who has a parenting order that states the child lives with, spends time with or communicates with that person, or
  • person who has parental responsibility for the child.

Who can apply for a recovery order?

You can apply for a recovery order if you are:

  • a person who the child lives with, spends time with or communicates with as stated in a parenting order
  • a person who has parental responsibility for the child in a parenting order
  • grandparent of the child, or
  • a person concerned with the care, welfare and development of the child. For example, you may be the person who the child lives or spends time with but there is no parenting order that states this.

How do I apply for a recovery order?

Before you apply for a recovery order you should read the fact sheet Recovery orders. You should also refer to the Australian Federal Police Family Law Kit.

There are different processes for applying for a recovery order depending on whether you have a current parenting order or a parenting case pending in the Court. If there are no parenting orders in place you will need to file an initiating application seeking parenting orders at the same time as applying for a recovery order.

What happens next?

The Court is not a child recovery agency. If the Court makes an order authorising or directing another person or persons to find, recover and deliver the child, you must give a copy of the order to that person or persons. In most instances, this will be the Australian Federal Police (AFP).

The AFP has offices in each capital city and some regional locations. Contact details are available on www.afp.gov.au.

  • When the child is returned to you, you must notify registry staff at the Court as soon as practicable.

What if the child still isn’t found?

In some situations, you may ask the Court to issue other orders to help locate the child; for example:

  • Location order – if you breach a parenting order and you cannot be found, a court may make a location order.
  • Commonwealth Information order – requires a Commonwealth Government Department, such as Centrelink, to give the Court information about the child’s location that is contained in or comes into the records of the department.
  • Publication order – allows the media to publish details and photographs of the missing child and the person they are believed to be with. However, each case is different and the terms of the publication order can vary. This is usually a last resort and you should seek legal advice first.

For more information about what recovery orders are and who can apply for them, see the Recovery Orders fact sheet.

My child has been taken overseas without my permission, what can I do?

If your child is taken from their home country without your permission, or without the authorisation of a court, then the Hague Convention may apply.

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty under which arrangements are made for the return of children that have been wrongfully removed or retained outside their country of residence.

The Convention has set up a central authority in each signature country to deal with applications for the return of children taken to or from each country.

You have a legal right to protect your interests in this important situation.

You will need to commence an action in the Family Court.

It is recommended that you do use lawyer for this process.

You can run the case yourself

The application is on the following link:

This link is a do it yourself guide on the family court website.

When you seek orders you need to be very precise on the details.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-initiating-application

Once you complete the application you file the same with the court and then serve the document on the other party.

There is a small court fee that you will also be required to pay for the process as well.

You have a legal right to protect your interests in this important situation.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Why would my ex keep asking for my children's birth certificates
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John Melis, Expert

The only reason for the birth certificate would be to get passports.

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