My ex-partner took my son away without my permission. What can I do?

A 30 year old lady had lived with husband and two children. Because of a lot of disagreements, they separated 6 months ago. She has a Court Order for a full custody but her ex-partner has a right to visit their children on weekend. This Order is implemented for over 3 months. However the ex-partner took their 4 year old son to his current house in the fourth month and only returned the 2 year old girl to the lady.

After this event, the young child often cried for her brother, she really missed him and could not sleep well at night. She called his name all the long day. She was really depressed. The lady has made many phone calls to claim for her son but she did not received any answer. Therefore she came to VAWA to ask help.

In this case, the man has breached the Family Laws because the Court Order decided that he has no right to keep any children. For the child’s well-being and best interest, the lady can appeal an application for a Recovery Order. This is an order for the Australian Federal Police (AFP) to recover the children and return them to their mother/or father (who has parental responsibility for a child), the respondent shall forthwith return the child to the applicant.

VAWA advised the lady should negotiate with her ex-partner before goes to the Court. VAWA’s worker helped her to write an application to the NSW Bar Association for a free lawyer at the Family Court as well as recommended her to contact legal aid for any support about her situation.

A few weeks ago she and two beloved children went hands in hands to visit VAWA with the happy smiles. Her dream came true. She said that she would like to express a sincere thank to the Australian judicial system that always protect social justice for everybody. VAWA also shared her happiness.

Van Pham

8/3.2013