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Child Obduction to Indonesia

It did not happened yet but I would like to be prepared for the worst


My ex was allowed by FC of WA order to take my 4 yo son to Indonesia for 4 weeks only for "holiday".
They departed on 16 December and are due back on the 12 January 2011.
Judging by the amount of lies in all her affidavits, and especially last 3 affidavits (about the need for travel) and the fierceness of her fight for this "holiday" (amongst many other reasons for her not to come back) I am almost sure that they will not return at all and the child will be abducted.

I want to be prepared for how to deal with it.

After 12 January, in the case they will not return, should I file:
a. The Contravention Application
b. The Contempt Application
c. Both of the above above
d. Something else entirely???

On the 14 December I tried to file Contravention in the last attempt to stop this "holiday"
because the mother already neglected to bring the child for changeover/time spent and contravened another order of providing me with details of contact with the child while on the trip but it was not accepted because I did not prepare any affidavit with it. I argued that the Application is sworn and if I prepare affidavit it will be basically the same as application but to no avail. I done this the first time and I did not know that affidavit was needed and because it was late afternoon I did not have any chance to prepare it quickly.
So, off they went with the blessing of the Court.

I hope that someone out there might have some experience in similar case. Much obliged for any suggestions.
Why don't you enjoy Christmas and worry about the 'obduction' when it happens, and not before?

Not filing an Affidavit with your Contravention application is a MAJOR blunder! What's going on with you that caused you to miss the need to file an affidavit with your application?

This omission suggests to me that you need to take time out and 'chillax' for a while.

Go to the beach. Spend time with your friends and family. Enjoy Christmas. Get blind on New Years!

Early in the new year, buy yourself a copy of the Australian Family Law Master Guide from CCH and learn about the law. You can't make fundamental mistakes in family law court proceedings like that again.

Let us know the outcome of your childs holiday and I am sure someone will know the answers you need if necessary. So do not worry until you have to as you could be advising us of your childs return on time.

For some years now I do not read any books or papers due to my MD (Macular Degeneration) so buying the FL Master Guide, no matter how good it may sound, does not make any sense to me. I use computer as my major source of information because I can blow the font up easily.

Enjoying Xmas?? Yes, sounds nice, but this is for those who still have family and friends. My last bit of my family is now somewhere in Indonesia and friends… well, don't you know that they usually leave you once you go through separation, divorce, and Family Court?

As for major blunder, yes, people do make mistakes, especially when they do something for the first time and in rush.

But thanks for advice anyway and Merry Christmas to you too.
I agree with 4myDaughter - have a great Xmas and New Year and don't worry about it for now. In the new year go to the Perth Family Court Registry and ask for a Recovery Order Kit - this would be your best course of action if she does not show up or contact you with a new arrival date. Make sure you put a short letter with the application stating why it is urgent and this ill help getting a hearing sooner. If she is living off Centrelink and Family Assistance you could alert them as the benefits can be cut after 12 weeks out of the country. Unless she is rich she'll be back when the $$$ are cut off.
4mydaughter is a straight shooter and has much personal experience in dealing with family law matters so his advice to take time out is difficult medicine to take when you have underlying fears the child will not be returned. Nevertheless it might be worth taking some time out and, using the web forms at the Family Court on line, at least read those carefully as to what is required in any application. They set out, in great detail, what you need to do to file an application. IF the child is not returned then a contravention and a recovery order will need to be filed.

A father, who is not the lives with parent, is often anxious when the children are on overseas holidays when there is suspicion the children will not return. In this case it sounds as if there are a number of underlying issues that give cause for anxiety. The courts are fairly responsive to abductions and orders are usually made very quickly. It is the recovery process that is slow, cumbersome, extremely protracted and often fought at every opportunity by the overseas party. Do not expect any quick result that just because you have filed documents that a magic wand will return your son. Be prepared for a long haul.

Try and read up on at least the application process and it sounds as if you are self represented. If you have an opportunity and are unable to engage legal counsel or work with the SRL-Resources people then talk to legal aid once the situation becomes clear. Is the boy still enrolled at pre school (Did he attend pre school this year)?

You cannot do anything until it is clear they are not returning, but you can spend the time reading up on what you need to do IF such an event occurs. It is not good medicine to spend the Christmas holidays reading family law forms but if you have to do something then that might make you feel happier. You could also take a few moments out and walk the beach as I am informed the WA has some terrific landscapes. Do you take photographs for a hobby? Maybe you can publish a couple of landscapes from WA for your family and friends who reside on this site.

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
Fairgo said
In the new year go to the Perth Family Court Registry and ask for a Recovery Order Kit - this would be your best course of action if she does not show up or contact you with a new arrival date.
You are confusing people as this would be an overseas recovery. Indonesia is not a Hague Country and there are no special Treaty arrangements in force with Australia. Indonesia does not recognise the jurisdiction of the Family Courts of Australia. Any pieces of 'paper' you get from the Court have no meaning in Indonesia. These issues are dealt with at Embassy level.

(Indonesia is good at taking Australian Government Aid but does not easily return abducted children)
Thank you for clarifying that point Conan. As I already indicated International recovery is not a simple magic wand fix. It will need to start in the Family Court and move on from there. Arrest warrants can still be issued to international authorities and travel will be impossible without being detained outside Indonesia. Perhaps there are other avenues that can be investigated also. Still, we hope that all of this is just a scenario that won't eventuate but….  

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
Thanks for the clarification - Filing for a Recovery Order would probably result in an early hearing and the court would have to decide what to do from there. The court made the decision to grant the overseas travel so the court will have to decide on the next course of action.

Last edit: by Fairgo

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