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recovery order made 8 years ago used to stop school giving details on childs progress.

unbelivable

Hi My Parnter rang the school priciple to enquire how his son is progressing and was told that they could not give information out because he was not on the school records as a contact person and that they would have to ask the mother for permission, well they rung back and she has taken a court r ecovery order in to them issused by the court 8 years ago, The Kids where recovered from him and they went back to court, the matter was stood down by the court and court date set, my partner did not attend the last court date what was in 2004, and the matter was then transfered to the family court with the option of either party to apply for futher orders. He did not apply for futer orders as the mother was making allegations and he thought that in the best intrest of the children he would stop fiting for them.

He has never stopped thinking of his kids and hoped oneday when they where old enough to make their own mids up they would get intouch his daughter did and is now living with us. The Mother will not let the sister see her brother or allow any phone contact. so dad decided that he would try and regain contact with the son, and booked mediation with FDR the mother has refused mediation and looks like he will be given the certificate we need to go back to court.

what we want to know is a recovery order that the matter been stood down by the court still valid after all these years.

Thanks
Missali said
Hi My Parnter rang the school priciple to enquire how his son is progressing and was told that they could not give information out because he was not on the school records as a contact person and that they would have to ask the mother for permission, well they rung back and she has taken a court r ecovery order in to them issused by the court 8 years ago, The Kids where recovered from him and they went back to court, the matter was stood down by the court and court date set, my partner did not attend the last court date what was in 2004, and the matter was then transfered to the family court with the option of either party to apply for futher orders. He did not apply for futer orders as the mother was making allegations and he thought that in the best intrest of the children he would stop fiting for them.

He has never stopped thinking of his kids and hoped oneday when they where old enough to make their own mids up they would get intouch his daughter did and is now living with us. The Mother will not let the sister see her brother or allow any phone contact. so dad decided that he would try and regain contact with the son, and booked mediation with FDR the mother has refused mediation and looks like he will be given the certificate we need to go back to court.

what we want to know is a recovery order that the matter been stood down by the court still valid after all these years.

Thanks
 
What a horrible situation.The Principal should be ashamed. Unfortunately, however, it seems increasingly common that schools do "take sides" when Mum does this sort of thing. If your husband wants to find anything out he'll probably have to go to the Family Court and seek an order regarding such information. It's crazy that a father can be prevented from finding out something as innocuous as school progress simply because the mother can't stop bearing grudges.
Looks like we will have no option than to go to court, in a way i am hopeful that all that she is doing will go against her in court, and that the court will order some kind of contact, to be fair we have waited the full three weeks to allow her to agree to mediation, she diddnt respond to any letters that the famliy centre sent, I am preparing the application now, He will have to self represent. Might as well now go for the child to live with father full time and in the intrim get the court to order contact.
If the recovery order did not say that he could not contact the school then he is able to enquire on his son's progress, however he should have contacted the mother first. The recovery order is only valid for what is stated. Were there any previous orders to the recovery order?

I don't advise that you seek sole care unless you can show that the mother is an unfit parent.
It is quite likely the Court has made other orders or even that the Recovery order had certain provisions.  You will need to ascertain the current 'orders' status between the parents.

The Principal acted correctly if someone arrived/telephoned out of the blue and wanted to information about a child.

Missali said
Might as well now go for the child to live with father full time
If you are doing this for some supposed tactical advantage you are going to fall flat on your face. Child order applications should be child focused and practical. An 8 year hiatus with no contact certainly does not sound child focused.

You should spend some time reading the Rice and Asplund forums which will give you a little idea of the hurdles you face. If he hasn't seen the child in 8 years some of the hurdles are the existing status quo and how this contact will affect the child. A read of Section 60CC of the Act will give you some idea of the provisions you need to satisfy.

One piece of missing information is the age of the child. If the child is 12 years or over their wishes are likely to form an important component in any Family Report.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
There is no other orders, the childs mother has refused contact for 8 years, it was not my partner not wanting to see the child, he has been to the family court and had acsess to all the court file even the court transcript that was put in there by order of the magistrate hearing the affidavid for the reco very order. It was all contadiction after another, and just when she thought the magistrate was going to refuse the recovery order, she pulled the child sex abuse accusation, it was her that lied to the magistrate. and all because she wanted to take the kids out of the state and he said no, as last time she took them he had to get a recovery order to get them back. then when she gets them refuses to let him have any contact, he fought for those kids for years, and looks like she has won dosent it. just another child who the system has made fatherless.
Missali said
….. just another child who the system has made fatherless.
Correction, the Father could have taken the matter to Court before now, he has had 8 years. It is not the 'system' it is the Fathers inaction that has led to the present situation.

The principal has done nothign wrong- they are not allowed to give out information about a student over the phone like that- how are they supposed to know that yoru partner is the parent of the child when he has been absent from the childs life for 8 yrs…  I would wonder why after 8 yrs he would call the school out of the blue

Conan said
Missali said
….. just another child who the system has made fatherless.
Correction, the Father could have taken the matter to Court before now, he has had 8 years. It is not the 'system' it is the Fathers inaction that has led to the present situation.


  have to agree with Conan- its not a case of the system doing wrong to the child- if the father had of wanted so badly to see the child and mother refused then that is exactly what the court system is for but as stated in the OP the father did not bother  to turn up back when it was in court to defend himself or to fight for the childrens rights to see him so its a case where the system is not at fault in any way.
Bit hard to take someone to court again and again for the same reasons only to win your case every time and then it starts all over again, the mother takes the kids out of the state, father has no idea where they are, has been made bankcrupt twice because of debt for lawyers, he has been there 4 times before the recovery order was made, the mother didnt turn up for the court case and it was left that either partie could apply to court for futher orders, he just didnt have the money to fight her again. His Daughter returned to live with him when she 18, one very damaged girl, and so happy to be reunited with her father after been taken kicking and screaming from his care by the police just because the mother wanted to go on holiday. so yes he could have gone back to court and draged the kids yet again through the court.
Missali said
 ……it was left that either partie could apply to court for futher orders, he just didnt have the money to fight her again.
That is why the Courts allow self representation. After that number of Court appearances surely he would have gained some insight into how cases are conducted. So why wait 8 years?

Missali you wrote that the Mother had the Recovery order to show the school and then you write the Mother took the kids out of the State. I just hope this was not a 'tit for tat' case between them.
People are right in saying the school was right and following the law. My daughters father was arrested for stalking after contacting her school asking for info on her. There was a DVO on him not to have contact with her, and also an order made by a family law magistrate that he never be allowed contact with her. Fortunately the school rang me, asked about orders, then contacted the police. Sometimes before criticizing it pays to look at things from the other side of the coin. It could be dangerous for schools to give info over the phone, even to a parent who is not listed as a contact.

I think your OH should self rep. As hard and mentally draining as that would be, if he wants to see his kids, I don't see any other way. Hope it works out.  
He did not ask for information over the phone he asked the principle if he could make an appointment to talk about his childs progress, the principe then phoned the mother to ask if it would be ok, she said no and showed a recovery order dated from 2003 which the court had stood down.
Partner has just attended family dispute because he wanted to avoid going back to court and he knows that the court will not hear his case without attending mediation, she has refused to attend. he had been given legal advise that there was no orders as the recovery order is only valid for 12 months or a date specified on the recovery order which is ever the sooner. My point was that she is still refusing contact and using orders that dont exist to stop him seeing his son. There was never a order issued to stop contact. And yes 8 years is a long time, but when you know that every time the court orders in your favour she will continue to make it difficult. The child is 13 years old , might as well wait until he is 18 then see if he want to have any contact with him. my partner knows the court will take the status quo into consideration.  
He did not ask for information over the phone he asked the principle if he could make an appointment to talk about his childs progress, the principe then phoned the mother to ask if it would be ok, she said no and showed a recovery order dated from 2003 which the court had stood down.
Doesn't make a difference on whether it was phone/in person. Schools have a duty of care, unless their are court orders saying they can give out information, they can't. As hard as it is, when there are no orders to say they must give out info, they must legally take instruction from the parent listed on the school records.

If she keeps violating orders and has done so over a long period, your OH could self rep and challenge her 'lives with ' status. At 13 the child whishes would be given alot of weight though. There was a case recently when a magistrate ordered a mother lose her lives with status because it was clear she would obstruct any relationship of her child with the father, even if orders were placed on her to allow him contact.
Missali, so far you seem to have had a few whines and produced excuses for your partner rather than take the trouble to actively pursue a positive role.

If the other child was "severely damaged" why no action to stop it occurring to the younger child?

If you would care to read some of the material on this site you will understand that ad nauseam posts have been made about when a child can 'walk and decide'. You say the child is 13 which is approaching the threshold of the 14. At 14 a child can leave home and be supported by the State.

Given the choice the Courts would rather they live with a parent of their choice rather than on the streets.
Thanks Frenzy, That is what i am saying about challanging the lives with, she has done every thing she can to stop him having contact, she made a allegation of child sex abuse to get the recovery order, which was not true, his solicitor at the time helped him write a affidavid in responce and the court orded her to serve a notice of child abuse on him, she didnt because it would have ment her giving evidence and she had none as it did not happen, he was never interviewd by the police and never charded with any offence  and so the notice was never served, leaving the court no option than to get the children independant lawyers, this was never arranged because the mother did not continue with the case nor did my partner  he had enough of courts and the lies she was telling. He did not want to play the game any more with her and walked away. The child really belives what his mother tells him and nothing is going to change that.
Missali, how about instead of concentrating on the "recovery order" that the mother has presented left, right and centre, concentrate on the here and now.

You said that your partner has attempted mediation, and that the mother did not attend. If that is the case, then he should be given a 60I certificate. This will then enable him to take the matter to court.

Read this website, not just the forums, and read the Courts websites. Have a look at austlii.edu.au for case outcomes etc.

Then when you have done this, and have more knowledge of the process, submit an initiating application. Your partner can self represent.

But please consider, that if the child is believing the mother then your partner is in for a long uphill trek. Maybe he could look at orders that state that both have shared responsibility (the usual), that he is able to get medical/educational etc information, directly from the source, although you might have to request that the mother provide details of who everyone is etc. He could ask for phone contact, mail/email contact, facebook contact and with a progressive reunification program. And for the assistance of a psychologist/counsellor to assist with all this.

Just some ideas to think about.
Thanks for that, so if he starts a new application he could ask for intrim orders until the court decides on orders, he only want a chance to re-establish a relationship with him not take him away from his mother. so its worth a try and see what the court says on the matter.
He can ask for final orders AND interim orders. It would then be up to the other parent to lodge a response application where she would submit her "version" of desired orders. Both of the parents would submit affidavits with their applications. Like I said, look at the Courts websites, it steps you through the process.

And with both your orders and applications, it would probably be advisable to get someone else to check over them, whether it be a community legal service, or you pay for a solicitor to have a look, especially due to the fact of not having seen the child for such a long time. But don't be swayed if they say you don't have a snowball's chance in hell. Stick to your guns. You won't know what you can get if you don't try.
Thanks Boots, I supose that she would have to have a very good reason why she will not allow contact. He has a free appointment with a solicitor next week.
I hope it works out for him. From what you say it seems like the child has been poisoned by his mother into not wanting a relationship. This could very well come out in the wash, if a court appointed psychologist/report writer was to look into the child's reasons behind it.I think if it's found the mother has negatively influenced the child - the court would put appropriate measures in place to try and rectify the situation and allow the chance of a relationship to form.
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