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Mother has taken my child back to old state. Is there hope?

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Relocation where ex lived in Adelaide, and I lived in Perth. I never lived there but went there for a holiday and to visit the mother after she moved back from here

For over 4 years I and my ex have been in disagreement about orders. She lived in Adelaide, and I lived in Perth. I never lived there but went there for a holiday and to visit the mother after she moved back from here.

She fell pregnant but never wanted me to move there so I stayed here and made my life and met a wonderful woman. Anyways that is off topic.

After 4 years the mother decided she wanted to move to Perth and we finally came to agreed orders, November they were sealed with the family court. She moved over in January. My daughter came and spent time with me, first for 1 over night each weekend and a full month later, from Friday - Sunday every second weekend.

A bit more background. In the 4 years past. The mother had two more children. I had 2 more also. She moved to Perth with the father of the 2 other children. 3 weeks after moving to Perth she kicked the father out and told him to move back to Adelaide, He did. She asked him to come back and he said no, that he had found a job and later he found a girlfriend.

The first week of the school holidays I had my daughter. The mother asked if she could pick up my daughter early. At first it was no, I asked her why she wanted to pick her up almost 9 hours earlier she wouldn't say. About mid way through my week with my daughter, My daughter wanted to call her mum, so I dialled the number. After that the mother asked me if she could pick up our daughter at 9am I agreed since my daughter wished this also.

On Saturday when mum picked her up. Something seemed weird. She came without her car and two children. I thought her boyfriend was back and she didn't want me to know. I said good bye to my daughter.

Five days later I receive a letter in mail. She moved back to Adelaide. She said it was because she and I had conflict and also had to think about her other children. She included in the envelope new orders which she said she will apply until we agree and I sign and send back.

I am going in for recovery orders on Tuesday. What are my chances of her relocating back to Perth? she's been back in Adelaide a week so far. She has her grandparents there, cousins, aunties and uncles. Her mother is starting her back at her old school on Monday :( The mother has done this before. Not moving but before orders were agreed she would allow me contact with my daughter, make demands that I refused and took away the communication for more than 8 weeks each time. The last time before orders were agreed I had not spoken to my daughter for over a year.She accused me of messing about with contact but it's her and always has been. I really would like to go for Custody because I feel that the mother is very unstable and she keeps using the words "daughters best interests" but they are always hers but will wait and see about that part.

I know every case is different but I really don't have any idea of what the outcome is going to be. my partner is really upset at the moment and thinks we have no hope of her moving back due to her having grandparents etc in Adelaide and that's where she grew up.

Any advice or information would be appreciated!

Edited: I forgot to mention My daughter has just turned 6 years old - the first 2 years of her life I was pushed out of and the partner was and still is 'dad'

Less info more clarity

I do not know if it is the late hour or the fact there is so much info here, but I am a bit confused. Any chance you could clarify what you have posted?
I am not sure about the relationship with your ex.

Who lived where and when and who did what to whom. Reread your post and see if it would make sense to any one who knows nothing about the case.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Garfield said
… She lived in Adelaide, and I lived in Perth. I never lived there (Sec SPCA.. I Assume you mean Adelaide) but went there for a holiday and to visit the mother after she moved back from here. (Sec SPCA… So the mother lived in Perth also) She fell pregnant but never wanted me to move there so I stayed here (sec SPCA .. I assume you stayed in Perth) and made my life …
So to be very clear about this. Ex lived in Adelaide, You lived in Perth and after 4 years of this arrangement the ex moved back to Perth.
Garfield said
After 4 years the mother decided she wanted to move to Perth and we finally came to agreed orders, November they were sealed with the family court. She moved over in January. My daughter came and spent time with me, first for 1 over night each weekend and a full month later, from Fri - Sunday every second weekend.
Great so sounds all good so far… Except she didn't stay long only four months or less.
Garfield said
The first week of the school holidays I had my daughter. The mother asked if she could pick up my daughter early. At first it was no, I asked her why she wanted to pick her up almost 9 hours earlier and she wouldn't say. … On Saturday when mum picked her up. Something seemed weird. She came without her car and two children. I thought her boyfriend was back and she didn't want me to know. I said good bye to my daughter.

Five days later I receive a letter in the mail.

She had moved back to Adelaide, She said it was because me and her had conflict and also had to think about her other children. She included in the envelope new orders which she said she will apply until we agree and I sign and send back…

I am going in for recovery orders on Tuesday.

What is my chances of her relocating back to Perth?
Well these cases are extremely complex and it depends who you get as the Judicial Officer. My recommendation is to file immediately for a recovery order. The longer you leave it the more difficult recovery becomes although we have seen some good results here in Sydney. You cannot file contravention proceedings, which are relatively quick unless there has been a failure to comply with one of the original orders. You should also only file if there are multiple contraventions not just one. Also being in WA you do not have the advantage of the Federal Magistrates Court.

Your daughter is fairly young and it is important that you try to have some sort of relationship before the distance and lack of contact becomes so entrenched that you are no longer part of her life. WA is almost another country when it comes to travel and contact arrangements as it will be an expensive commute. The Child Support Agency have a special REASON 1 as part of the Change of Assessment that considers costs of contact so she could well face significant reductions in CSA payments by unilaterally relocating to SA.

Your daughters age will have some bearing on matters. The Judicial officer could well say that the family support is there in Adelaide but nevertheless will probably make arrangements for regular contact. If I was the magistrate or Judge they would be heading back to Perth tomorrow as relocation matters like this without any consultation are simply not on. The Shared parenting Council made extensive submissions to the AG some time ago on the subject of relocation.
Garfield said
She's been back in Adelaide a week so far. She has her grandparents there, cousins, aunties and uncles. Her mother is starting her back at her old school on Monday :( The mother has done this before. Not moving but before orders were agreed she would allow me contact with my daughter, make demands that I refused and took away the communication for more than 8 weeks each time. The last time before orders were agreed I had not spoken to my daughter for over a year. She accused me of messing about with contact but it's her and always has been. I really would like to go for Custody because I feel that the mother is very unstable and she keeps using the words "daughters best interests" but they are always hers but will wait and see about that part.
Nothing to unusual here but you should have been filing contravention proceedings if the orders were not being complied with. There are a number of relocation matters under our forum "Judgements of interest". Will be interesting to see what others have to say.

Are you self represented or have a solicitor?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I am self representing.

I have an appointment tomorrow with Legal aid. They are assisting me with the application.

I have to go off to work right now but will post when I get home.

Thank you
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