Urgent retrieval order
#50571 (In Topic #8309)
I previously resided with my fianc for the last 4 years in a property that I own in Sydney and we currently had a 13 day baby boy who is now 9 months.
My fianc has a history of physically and mentally abusing me and being very abusive to the point were she threw a rock at my head which landed me in hospital and attempted to take her own life with pills among other things which is to long to list. 1 week prior to our son being born her mother flew over from melbourne being were they originate from. I thought and hoped This would be a new begining, however I noticed her being very nasty prior to the birth to the point were I had to leave the house several times, this was nothing new but now she had her mum by her side and they both were being nasty. One evening, my fianc was unhappy because I arrived home late from work and we got into an argument and her mother got involved and threatened to take her back to Melbourne with my unborn son at the time. These threats were repeated by her mum 2 additionals time after this and after our sons birth.
On the 14th may 2013 i arrived home from work at 6pm and sat down to eat dinner, my son had what appeared to have vomit on his chin so I picked him up to check if he was ok, I was literally verbally attacked by my fianc and advised I shouldn't pick him up, I replied with frustration saying that I was checking if he was ok, she then told me that if I keep acting like that she was intact going to take my son away, at which point I replied with frustration that I was tired of the threats of taking my son away and left the house. Upon my return I was attacked verbally again primarily by her mum. I then asked her mum to leave or I would contact police to have her taken out, she replied by calling her daughter insterstae who is a lawyer and commented to me "I'll call the police, I"ll do it legally" and before I knew it police were at the door and took me away as they claimed I had threatened their life and served an ex parte AVO in which I couldnt threaten my fianc,The allegations were completely false but I was taken away regardless. ( I must point out that the mother in law claimed that I threatened to cut my Exs throat and my ex denied her Mums comment and claimed I was talking over the top of her which she found intimidating, both of which were false and proven in criminal court).
Upon my return to my house with the officer that night I grabbed some clothes and slept in my garage as to avoid any confrontation. I woke up and went to work and upon my return home found that my fianc and her mother had carried out their threats and taken my son to Melbourne. Police were called and I was advised there was nothing they or even I could do apart from seek legal advice.
Since this incident on the 14th May 13, the following has occurred:
1. I have attended In The family court to apply for an urgent retrieval order and due to the accusations of family violence and the change in the family law act the outcome was that the judge could not make a conclusion based on the info provided, therefore a family assessment is to be undertaken.
2. Family assesment was carried out and conclusion was favourable pointing out that I should have 4 days of visit to create a bonding process, however; no comment could be made re family violence and a psych recommended.
3. Returned to family court, Registrar ordered that my ex email me weekly with updates and images which was declined by her in the past request by me and psych report be obtained.
4. ADVO contested and overturned by the magistrate concluding that the evidence did not resemble the affidavits and statements by my ex and her mother.
5. My ex and I will be attending psychiatrist for assesment in coming weeks to assist magistrate in final hearing in a couple of months
I have visited my son approx 9 times in 8.5 months, ex has provided minimal information and images re my son and has made it very difficult to co-parent. I was paying CS direct to her account, she claimed she wasn't receiving, she then commenced receiving funds through agency, approx 3 weeks later she received an exemption, I continued to pay direct to her account regardless until she closed her account. I have been requesting video call for 4 months which she has continually makes excuses to resist contact between my son and I.
In conclusion, son taken with the use of false allegation of domestic violence by ex and her mother, ADVO overturned in criminal court and final hearing to take place in 2-3 months hopefully. Can anyone provide any insights, tips, similar cases and reference or just anything that can help me get justice and allow my Son to have a Dad and for me to have my Son.
PS. I must strongly point out that believe it or not I treat my ex even until today with utmost respect and my main concern is my son.
Thank you on advance for anyone who has tips whether big or small.
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