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Post #29779 by Avatar on May 7th 2010, 1:44 PM (in topic “AVO Application and then take the children away”)

AVO Application and then take the children away: Update on AVO and Taken Children Away

Yesterday I lodged an application for recovery of the children and orders to have equal shared time of the children with the Federal Magistrate Court. The registrar saw the matter as very urgent and I have a hearing on the 25 May 2010.

My wife still does not want me to see the children and I have not seen them since the 17 April 2010. I have spoken to the children a few times since last Sunday and I was very upset and emotional as I was very close with the children. I haveasked my wifeif I can see the children and she still refused and she said that shehas to talk to her lawyer. I have written a letter to her Lawyer but I had no Response.

I have also prepared an Affidavit and obtained a 60 I certificate with theapplication for recovery of the children and orders with the Federal Magistrate Court. All the details have been put in the application including that since 2008 she has been working 3 days per week and commuting one hour each way, and that I have been caring for the children those three days, including getting them out of bed, getting them dressed, driving them to school and picking them up and preparing dinner for the whole Family.

Yesterday I had a phone call from the Child Support Agency requesting that I pay the full child support as she has full care of the children. I said I have no issues with paying the child support as I am still love mychildren.

I cannot believe a person would do something like this denying the children access to the Father for no apparent reason and claiming that she is afraid and making claims that I am an alcoholic.

I proposed in the orders that we both care forthe children as I still want her to be part of the children's life. I hope that the Court will see compassion and let me see the children again.

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Post #29758 by Avatar on May 5th 2010, 2:49 PM (in topic “AVO Application and then take the children away”)

AVO Application and then take the children away

About a 6 weeks ago my wife decided that she did not want a relationship any more and said that she is only going to share the three children 2 nights per fortnight and she was leaving her job to take out benifits.

I was upset and said some heated words to her as I just completed building a new house.

That night she rang the Domestic Violence Help Line and they said not to contact police as there was no physical assault. She ignored them and still went to the local Police station and they made an application for an AVO. She than asked her own father, who has a criminal record, to come and stay at our family home and I had to lock myself in my room. I felt intimidated and went to the local court and made an application for an ADVO on her. Once she found this out she took the children to the park one morning and then never came back. After a long time I found she went away to the other side if Sydney about 2 hours drive.

I have not seen the children for about 5 weeks and only spoke to them yesterday. She came back on the weekend and removed all the furniture from the house with her friends.

I had the first AVO hearing last week and she said (through her solicitor) I let you see the children if you agree to the AVO orders. I said I did nothing wrong and would not agree.

The mention was put forward to next week. I am going to fight to the end as she wants the AVO to simply deny me access to the children. How can they do this? How can the system let the Police do this?
Keep you posted.

Last edit: by OneRingRules

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