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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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We live in Coffs and my partners ex lives in Nowra with s 3

Customer Question

Hi
We live in Coffs and my partners ex lives in Nowra with his 3 yr old son. She does not let him see him but he has managed to go to preschool once a month to see him.
We have know. She has been injecting drugs for sometime there is no parenting orders as she refused to get drug tested at mediation 2yrs ago. Anyway tonight we hav discovered that she is seeing a person who has been involved in a shooting re supplying the guns in a pedophile ring
So enough is enough we want to go and get him and will tomorrow from preschool can we lodge a recovery order
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you have evidence more than hearsay about the person she is seeing and also about her drug use then you can file an urgent application with the court.

You can only lodge a recovery order if she refuses to allow any access. As you have some access the court may not grant it.

What may go against you is the failure to report her drug use in the past, if there is no reporting.

Here is some information about recovery orders.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/parenting/recovery-orders/

If you have evidence of the drug taking and also about her partners gun running etc you would seek an urgent order for residency.

You will need a solicitor to assist. Being this time of year the court is overworked at the moment and it will be near impossible to get orders without legal assistance.

Customer: replied 11 months ago.
Thanks so much we have thought long and hard We have the evidence to warrant our significant concerns for his risk of harm so we are flying down to get him from preschool and will bring him back to Coffs and we will engage legal representation and lodge an urgent application to the court so is that an application for parenting consent order?
Expert:  Leon replied 11 months ago.

Good Morning

You will not get consent from the mother. You fill an application for orders. if the mother agrees then you can draw up orders and all parties sign. But I suspect the mother will not consent to the child leaving her and coming to you.

I hope this makes sense and is of assistance