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My friends ex husband has kidnapped their daughter

After 6 years of amicable co-parenting, with zero conflict my friends husband got a new girlfriend and suddenly decided not to return their daughter after his weekend with her, my friend hasn't seen or spoken to him or her daughter for 8 weeks now and is a mess, she's been fighting every avenue to bring her home, he is not even taking her to school.
She finally has a mediation set on Monday, can anyone shed some light on what will happen next?
If he doesn't show to mediation and if he does? Her legal aid has not explained further and just says stuff like "take things as they come". Thanks mums.


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Answers (8)

How heartbreaking for her. You are a kind friend to support her through this.

She needs to get a proper lawyer. Go for custody, child support, back support etc.

 She needs to get primary care secured and a recovery order, worry about financial later that looks absolutely vexatious. What stupid advice
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This is so sad.your friend must be heartbroken. Unfortunately if there was no order in place before taking the child then he is not kidnapping her. He has just as much right legally to keep her. Putting it another way, possession is 9 tenths of the law.(I'm sorry if that sounds bad - i dont mean it to) I wonder if he got some legal advice before doing this. Of course laws may vary from state to state

 Dependent on whom has had majority care, you must meet rice and asplund test to make major changes to the child’s living situation and if you can’t meet that with a recovery order she would be immediately returned to mother or the primary caregiver that she is usually with.
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Apply to court for an immediate ex-parte recovery order! Through the Fedesl Circuit Court. Police will not help you at all! You can apply for this order yourself and online via commcourts it is simple. If you need help, I can post an email address to assist in doing paperwork.

 Sorry Federal*

You can apply yourself you don’t need a lawyer to do so.

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 This is urgent they don’t have to go to mediation at all for a recovery order and trust me the sooner you act the getter
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 Sorry thought of more. If you apply today under urgent it’ll be granted before Friday, meaning police can uplift before weekend
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She needs to get a lawyer and file for a recover order. I hope she gets through this

OP She has, first they must go to mediation we are just wondering what happens next.. is a recovery order next? And if anyone knows how much longer that generally takes?
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OP And thanks, she is broken 😔
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 I'm not sure but I would have thought the recovery order would have been filed first and it depends on how mediation goes and if they can come to an agreement. Once that's done she needs to get a court order in place for custody and parenting but her lawyer should have told her all this.
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OP They're not telling her any thing, I suppose because they're legal aid they give her such little of their time. Hopefully a recovery order is filed on Monday 😔
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 File an recovery order immediately online via the commcourts portal it easy and you just pay the filing fee. Happy to help. Can do all paperwork etc if your friend is willing to give me info
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I wonder if going to the police would help. If he is not putting her into school that disadvantages her seriously, and usually is taken very seriously.
Contacting the Education Authorities might help. If truancy (and this is what this is), is happening the school authorities often take action.

OP Yep the school has been helping and she's been to childs services with the school pricipal, the police have their hands tied unless there is already a court order or recovery order even if they want to help, the federal police take over if/when there is recovery order filed. It's just been such a long and slow process with very little guidance on the order of things from any one.
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 It's an extremely slow process getting authorities involved with truancy, the school has to prove they have exhausted numerous strategies, then it's on to the truancy officers who also have to prove they have exhausted all of their strategies, then they can take all of their evidence to court to where they usually get told to go back and try different strategies then come back to court if that does not work. It takes years.
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What a good friend you are to be supporting her. Have police done a welfare check? If not that's what needs to happen. If she hasn't been to school or heard from her in this time then who's to say the child is still even alive, horrible of me to say but unfortunately it's a possibility. If they find she is an unsafe/illegal environment they could remove her then and there. Get your friend to think of everything her ex does and report him for it. Drugs, dob him in. Tax evasion, dob him in. Doesn't feed his dogs, dob him in. Wear him down.