Help my ex kept our kids!

Family Law 8/01/2020 by Linsey Wilson

Unfortunately, it is not uncommon for parenting arrangements to fall apart and this sometimes results in one parent or caregiver choosing to retain the children. We understand that this is an extremely stressful time and we are here to help.

If your children have been retained, you should contact us straight away. In many cases it can be as simple as negotiating directly with your ex-partner or his/her lawyer. If for whatever reason we are unable to negotiate for the return of the children, it may become necessary to make an application for the children to be returned to your care. This is called a Recovery Application and requires you to file an affidavit which sets out the evidence you rely on in support of your application.

We can also make an application for your case to be heard urgently. Ordinarily the Family Law Act requires that parties attempt mediation prior to initiating Court proceedings, however if your matter is urgent, such as in the case of a recovery application, the Court is able to waive this requirement.

To help your lawyer file your recovery application as quickly as possible, we recommend that you spend some time prior to your Smart Start  appointment preparing a summary of your parenting matter. In particular you should focus on:

  • The historical parenting arrangements for your children;
  • Details of any previous Court proceedings;
  • The circumstances under which your children were retained;
  • Information about where you think the children are; and
  • If you are concerned that your children are at risk of harm, the details of the asserted risk.

If you’re not sure where your children are, we can seek that the Court make Orders to assist in locating your children.

What if I was the one who kept the kids?

Sometimes parents choose to retain their children for good reason. There is no presumption under the Family Law Act that children should continue to live with the parent they have historically lived with.

If you cannot reach an agreement about where your children should live, the Court will need to make a decision which is in their best interests.

If you have decided to keep the children, you should file an application straight away seeking that the children live with you. However, if you have been served with an application seeking that the children be returned to your ex-partner you will need to respond to the application and attend the Court hearing. Our Family Lawyers are able to assist with drafting your documents and representing you at Court.

How we can help

Irrespective of whether you have kept the children or your ex has retained them, our experienced Family Lawyers can assess the strengths and weaknesses of your case. If you do need to go to Court, our lawyers are skilled litigators who can draft your documents and represent you when your matter is listed.

Call us today on 1300 553 343 to book your fixed fee initial consultation or click the Smart Start button below.

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By Linsey Wilson

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