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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My ex left me and took our three kids to Mackay. We were

Customer Question

My ex left me and took our three kids to Mackay. We were together for 12 years. She has taken out a DVO so that I cannot start a "recovery". There has never been any violence and the DVO is false (friends have told her to do this).
What is my best way of attack/defence ? She is hoping it will take ages so the kids will be settled in Mackay. She keeps saying she will send me a parenting plan.
I am in shock she is allowed to do this. Please help
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning.

I will try to best answer your question.

Unfortunately I have seen DVOs used as a weapon for custody advantages frequently. I would advise filing an emergency petition for custody seeking immediate return of the children to Australia. You will need to advise the court that she has fled the jurisdiction and that the DVO has no merit. I am hoping that there is no history or evidence of medical treatment for injuries of the children or wife, and no records of police being dispatched to your home. You need need the court to reach a decision based on evidence not allegation. In no event should the children be allowed to leave the country before a hearing can be held to determine the validity of any allegation. You must act on this immediately because time passing will allow her to argue that the children have now acclimated to new environment. You will absolutely need the assistance of a solicitor. If you have no alternative you must do it on your own but it will need to be done quickly.