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Post #8706 by Garfield on April 28th 2008, 9:41 AM (in topic “Mother has taken my child back to old state. Is there hope?”)

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

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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Post #8695 by Garfield on April 27th 2008, 11:09 PM (in topic “Mother has taken my child back to old state. Is there hope?”)

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

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'

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