[Elizabeth Swann]

In the office, I was waiting for an appointment with the principal regarding my daughter's settling in and generally seeing how she's going so far at school with all the changes.

Anyway, this mum was in there screaming about how she left her husband and he's not to do school pick up, if he does then she will be holding the school accountable. She was asked about court orders. There are none. The principal told her that if there are no court orders, legally they cannot stop him. They can call her and try to hold him until she arrives, but they cannot stop him.

She said they were to call the police, remove the kids, whatever, but it's up to them to not let him take them. Court orders were again explained.

I understand this mum was distraught, but what else can happen with no court orders?

[MoonPie]

Nothing. The school asked for our court orders, but we only have a mediation devised parenting plan. Luckily we are pretty flexible and don't have a relationship like the one you witnessed, but if I did, court orders (or interim orders) would be a priority.

Poor woman, it sounds like everything is a bit raw for her

[ScrumptiousHobbi...]

The principals comment was right. Without court orders, they cannot stop the other parent taking the child.

Poor woman, it sounds like everything is a bit raw for her

She could be the parent in the wrong. It isn't always automatically the father who was the baddie.

[aussiespecial123]

and police wouldnt do anything without family law court orders in place otherthan conducting a welfare check on the child and doing a mandatory docs report. police dont choose who the child goes with

[julies1980]

as the pervious person said i have been through the whole system, police will not get involved, and without the court orders there is nothing the school can do. even through mediation i don't think the school can stop him coming and collecting the children as it is only agreement between the parents not court orders.

i had an issue where my ex stop me from seeing my dd for 9 months, and there was nothing i could do about it.

[Elizabeth Swann]

and police wouldnt do anything without family law court orders in place otherthan conducting a welfare check on the child and doing a mandatory docs report. police dont choose who the child goes with

Yes, I really felt for her, but gee whizz, there were other parents in the office with little kids and school kids, she refused to go to the Principal's office with more privacy I felt like an intruder.

[Elizabeth Swann]

It might have just happened over the weekend so no time yet for even interim orders.

I thought to myself how lucky we are, my daughter's father isn't on her birth certificate or anywhere, he's not listed on school enrollment forms, he doesn't know what town we live in, much less what school she might attend!

[Astrall]

There could be a lot more to this than you know about. I have had my ex try and take my kids from the school after not seeing them for years. There were no court orders as I was advised to let him take it to court and he never did (he also never attended mediation). I wrote the school an e mail upon legal advice that asked them to call me if he came down again to the school. My kids don't know who this man is and it would be incredibly traumatic if he were to take them.

Also court orders are very expensive. Legal aid does not represent for court orders unless there are criminal charges against one of the parties. I had to pay for a lawyer's advice. Even if I was entitled to legal aid due to low income I wouldn't have recieved it as it's a family court matter.


I would also feel uneasy about relaying this info on the net. You don't know who is reading this, you maybe identifiable to the person/s involved and it may be considered to be a breach of privacy by them.

This post has been edited by Omega_particle: 26/02/2013, 09:19 AM

[Astrall]

and police wouldnt do anything without family law court orders in place otherthan conducting a welfare check on the child and doing a mandatory docs report. police dont choose who the child goes with

They can issue a recovery order. This is allowed if the parent has had no access to the children for a long period of time.

[aussiespecial123]

They can issue a recovery order. This is allowed if the parent has had no access to the children for a long period of time.

what state are you referring too? in my experience police will assist docs etc in the execution of such orders but do not apply. we only remove children immediately if there is an immediate significant /or actual risk of harm to the child,

This post has been edited by aussiespecial123: 26/02/2013, 10:39 AM