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Mother taken off interstate with one child leaves one behind !!!??

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Mother taken off interstate with one child leaves one behind !!!??

Ok. I am new to this website, but am hoping for some help and advice.

My partner who I live with and his ex wife have two children together, a boy who is 5.5yo and a girl who is 3.5yo.
They separated 18 months ago and at the time my partner and his son where living at his mother, and his ex and his daughter were living at her mothers (after relocating).
After gaining fulltime employment (after leaving RAAF) and not wanting the kids to be separated my partner asked his ex to take his son, which she hesitantly did.
They went to mediation in Dec 09 and a parenting plan was agreed upon whereas my partner would have his kids every second weekend and one night the other week, plus fathers day, his birthday, and weekends the mother had a course on. It was noted that the mother wanted to relocate in 2012 interstate, and was also note the Father did not want this.
In March 10 his ex applied to the court to move interstate with both children. More work opportunities and her boyfriend lives there. It was also noted that since getting out of drug rehab her boyfriend only smoke socially!?
Then in April 10 the mother requested the son 5.5yo move in with his father, who is living with me (which she knew, as she dropped the kids at my house), which he agreed to. He offered to take both kids but she refused to give up her daughter. An amended Parenting plan was agreed upon with the father having the daughter on Thursday nights also, so the kids would spend Thur-Sun together.
She then withdrew her application to move.
In Aug she took her daughter interstate for 10 days with out notice and over the fathers birthday.
Then about 3.5 weeks ago she moved interstate. We found out two days after via text from the mother, saying we have moved, and gave her fathers address as temp accommodation.
We went to court the follow Tues (7th Sept) and the judge issued a court order for the mother to move back with the daughter to within 50KM of where we live until the matter was seen in court at the end of Oct. We were told she would be served the Thurs or Friday of that week. The Monday after we were told the process servers has computer problems and it should be served that day, Tuesday, it would be served Tues or Wed. Thursday they would try to two addresses we supplied them with, Fri that her father told them she wasn't there. So we are lost now as to what to do?? If she hides from the process servers what can we do? We were told that is she didn't come back with-in 7-10 days we could get a retrieval order to get his daughter. Any advise on where we stand now? What can we do??
Thanks in advance.
If 'special service' is not required, as far as I am aware, posting the order to her last address (temp address given) will fulfill service requirements. If the ex does not show then it becomes a little more difficult. A recovery order may be nessecary, if ordered by the court. however the onus will be on you directing the federal police to an adress to retrieve your partners child. The federal police will not 'search' for the child, but will retrieve the child. The ex will need to be absent on the court date to be successful. I would also apply for a short notice listing. When you lodge your application to the court for recovery explain your situation and you should be able to get I to court within a couple of weeks.

An initiating Application

Is usually required to be served by hand.

If the mother cannot be located by the process servers, then upon application the court would consider (and likely grant) a request for a Location Order or Commonwealth Information Order. If the mother is receiving income support from Centrelink or Family Assistance. Or is is receiving Child Support though the CSA. A Commonwealth Information Order requires those organisation to provide any address information the hold to the court. I would note that it is a condition of receiving any of the above payments to provide accurate and up to date address information. All 3 have been known to withhold payments where they believe they have incorrect address information.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
Ok Thank you for this information. Still waiting for the solicitor to return my call so we can get an update.
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