Donate Child Support Calculator
Skip navigation

Failure of verbal agreement

Add Topic

Hey guys need help ASAP I have kids who are 10 and 12 and the mother won't return them. We had a verbal agreement; we were never married; and I don't know what to do.

Hello.  I hope you can help me.

I have kids who are 10 and 12 and the mother won't return them.

We had a verbal agreement; we were never married; and I don't know what to do.

Any ideas on the law please?

Thank you.
This is a very complicated matter and it is difficult to assist without the provision of furthur details.

1 Firstly if you suspect she will abscond overseas with the children you need to find out who holds the passports and place them with a neutral person, then notify the court.

2 Has she moved away and if so how far?

3 Have you an parenting plan/agreement as to how much time?

4 Are there any plans for mediation?

5 you are entitled to see your children, how much time you spend with them is another thing all together.

You must communicate with her and find out what plans she has and why. I understand that this is a big ask but you will gleen more information if you are civil and polite -remember the old saying about keep your enemies close. Australian law is pretty good in family law matters however if a child leaves the country its a very very hard process to get an order for them to return.

Good luck
cooper26_2009 said
5 you are entitled to see your children, how much time you spend with them is another thing all together.
More relevant/important is that your children have the humane right to know and be cared for by both parents. As coooper26_2009 said more details are needed. I'd also suggest looking at joining the SRL-Resource. It's a closed area where you can give such information privately and also get situational specific assistance in helping yourself self represent. The SRL's most definitely have ideas on the law (you can tell SRL's by the badge they are given e.g. :



To get to the SLR home, from the home page click on Self-Represented Litigants on the left.

You should look into doing, collect evidence of time spent with the child.

If you do go down the legal route, then very basically it's a mater of first attempting mediation (normally at a Family Relationship Centre) and if this doesn't work taking the matter to court. Taking the matter to court may well result in conset orders at some stage (over 90% end in this way) or that a magistrate or judge will make decisions and provide orders.

Many on here understand some of the things that one can go through and although it may well be very hard, you must try to stay calm and collected (not claiming that you aren't).
Guest said
Hello.  I hope you can help me.

I have kids who are 10 and 12 and the mother won't return them.

We had a verbal agreement; we were never married; and I don't know what to do.

Any ideas on the law please?

Thank you.
You firstly need to join the site as a member because none of the replies to this topic will be emailed to you. Secondly as MikeT suggests the SRL group is for you. There is much information missing. It is quite unusual to have had arrangements working for some time just to ceases without any reason. Mum must have a reason for this. Verbal agreements are not that good when it comes to separated parents. They may be okay where the parents agree on everything but over time the parents move on and with the introduction of a new partner or friend the dynamics can quickly change. The children are also at an age they will start to suggest where they want to go and when. Especially the 12 year old. How well are you getting on with the kids?

Before joining the SRL group you could contact the nearest Family Relationship Centre and get an appointment for you both. Regardless of what you do that has to be the first point of call anyway. As you have previously cooperated with a verbal arrangement you may find that you can both cooperate in putting a  written parenting plan together. Review the options you have with parenting plans on the site. You have a long way to go in all of this so don't expect an overnight solution.

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
 
1 guest and 0 members have just viewed this.

Recent Tweets