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Parent trying to get control
Answered 4 years ago
My dd wasn’t returned when supposed to be at start of term, ive since found which school etc
Am i able to just turn up and remove her from said school if i have all court appointed documents and birth certificate etc
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ANSWER
4 years ago
You can but they may have you on the no pick up list which means other parent and police will be informed when you arrive and they will probably try to stall you until at least police arrive. And if you leave before then you can expect police to rock up at your house. If you have court papers saying the child is meant to be with you then the police should let you go. Without the court documents then they would just side with the parent that the child has been living with and tell the other parent that they need to take it to court. That's if the other parent turned up. You'd honestly be better off going through court and getting a recovery order if you know where she is and she is meant to be with you
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4 years ago
Getting a recovery order would mean waiting till early next year as the federal circuit court is backed up
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4 years ago
Either take my advise and have the police help you get your child or don't and just rock up at the school and risk the police being called and being told youre not taking her and have to go through court anyway. Either way it's not my problem. You asked and I answered with what would be your best course of action, early next year isn't really that long to wait. Yes it's an eternity when your talking about your kids, but at least this way you can also use this to prove your ex isn't sticking to court orders and hopefully get them changed and your ex charged
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4 years ago
I second this advice, and add in:
If you turn up to the school and try to take her, and fail (for WHATEVER reason), your ex is likely to just take off with her and disappear again. Whats going to stop them? A court order? They obviously give zero fucks about those. It took you this long to find her, don't blow it by acting rashly. Get the law and police behind you before you act, it's just common sense.
If you turn up to the school and try to take her, and fail (for WHATEVER reason), your ex is likely to just take off with her and disappear again. Whats going to stop them? A court order? They obviously give zero fucks about those. It took you this long to find her, don't blow it by acting rashly. Get the law and police behind you before you act, it's just common sense.
ANSWER
4 years ago
Its good you have court papers to roove your relationship and the courts decision regarding your child. There are a few things which spring to mind, you need to contact the court for an recovery order to be made, this will mean that police can actively assist you in getting your child back. The school doesn't have to give the child back unless you can prove who you are and even then will not want to get involved and will probably ask the child who they wish to leave with.
Your best bet is to go back to courts for the recovery order, that way you are going down legal avenues which the school will have to abide by. Why was the child not returned? How was she enrolled if school decisions are supposed to be joint decisions in court papers? Does your child want to come back to you? There are many questions you need to ask yourself.
Your best bet is to go back to courts for the recovery order, that way you are going down legal avenues which the school will have to abide by. Why was the child not returned? How was she enrolled if school decisions are supposed to be joint decisions in court papers? Does your child want to come back to you? There are many questions you need to ask yourself.
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4 years ago
Also if your ex is breaching the order you can go back to court and fight for compensation, this can be in time or money. I know you said people dont give you answers with out you payin its true however look up aus family court website it has a lot of information on it and can point you in the right way forward. You should also ensure that the courts are made aware of any arental alienation happening. Most orders have that put in not discussing the court or negatively talking about the other parent in front of the child or kids.
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4 years ago
the only other suggestion and i dont know the legalitites of it is to file kidnapping charges against the father.
ANSWER
4 years ago
How do you not know the answer to this after months of looking for your kid already lol? It's yes btw, you can.
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4 years ago
No one is of any help these days unless its $$$ first,
Thanks for responding though
Just want to make sure it legal before i do it
Thanks for responding though
Just want to make sure it legal before i do it
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4 years ago
The school may have you down as a do not collect is the only issue I see.
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4 years ago
Would court papers stipulating the child lives with mother- all decisions etc made by mother then be irrelevant?
I thought they would abide by court papers
I thought they would abide by court papers
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4 years ago
They should follow court papers.
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4 years ago
I'd say police would get involved?