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can parenting orders be revoked

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halalo View Drop Down
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  Quote halalo Quote  Post ReplyReply Direct Link To This Post Topic: can parenting orders be revoked
    Posted: 06/June/2012 at 08:37
Hi.

I want to know if both parents sign parenting orders, can they be revoked if the mother says she was pressured into signing them? I have been awarded custody of my daughter overseas and I old the mother I wouldn't bring her back her until she signs parenting orders giving me custody for 5 days. I don't want to keep her from her mother .She is currently living overseas with her and I plan to move there if this agreement doesn't take place.

I don't think the mother has any intension of living overseas long term as she has asked me what has to be done for her to bring our daughter back here. My daughter has lived with her since the divorce against my liking but thats life.Thanks

 

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jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 23:45


As to revoking an order, any order can be set aside if a magistrate or judge is satisfied that circumstances warrant it. Withholding a child until you have a signature on a document that would not have been signed otherwise sounds like excellent grounds to set aside to me.


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  Quote halalo Quote  Post ReplyReply Direct Link To This Post Posted: 09/June/2012 at 10:27
I do not see it as with-holding. I see it as negotiating a suitable arrangement.She took her overseas and the courts awarded me custody there. I would have stayed there but i feel that i can't let her been far away from her mother. She has access to her overseas but she doesn't want to live there. I have a unit overseas which is fully paid off..a huge extended family and the most important person in my life right now (my little princess). I don't want to be put in the same situation that I was in before where I couldn't see her everyday or call her when I felt like it. I have given her access over there at anytime .

 

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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 09/June/2012 at 11:42


You asked a simple question regarding revoking an order, which I answered. Sounds like your situation is complex, It will depend on what country has jurisdiction & this will probably be whatever country that is considered the kids place of habitual residence. If you've been granted orders overseas I'm assuming that country has jurisdiction.

Here is Australia, the scenario you describe would likely be considered obtaining a signature under duress IMO, which would be sufficient grounds to file for the order to be set aside.

Other than that, you would have to seek spext advice from someone in possession of all the details of your case.

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

 

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halalo View Drop Down
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  Quote halalo Quote  Post ReplyReply Direct Link To This Post Posted: 21/June/2012 at 00:12
everything has changed. i will re-explain everything below. i am typing on behalf of my bro as he is overseas.Too mucky now.

Hi. My wife took my daughter overseas without my consent. She was gone for a while so I didn't know what was going on. I put a flight restriction on her overseas and I tried to find out where she was. (in Lebanon). They were stopped on the way out at the airport. Thats when they called me and asked me to lift the restriction (there were there for over 2 months). i told them I wouldn't be able to lift the restriction from here as my lawyer overseas didn't have the power to do so. I told them I would fly in and spend a few weeks with my daughter over there and then bring her back. There was no previous custody arrangements in Australia. She was living with her mother and I accessed her when we agreed. She has been with her mother since she was 3. She is now 9. The mother refuses to speak to me and I always talk to the stepfather when I need something.

I went overseas as the stepfather said he wanted to give me my daughter face to face before he came back to AU. I flew out. When I got there.. we were in contact by phone and I tried to come to an agreement about when they would give me my daughter. They then left the country and left my daughter with their lawyer. (without me knowing).There lawyer was suppose to give her to me after I signed a paper acknowledging the fact that she was handed over to me. (i knew non of this and I didn't even know the mother had left the country). The lawyer contacted me and started asking for money and it became more of a ransom issue. He kept asking for money and refused to give my daughter back. The more desperate I got, the more the price went up. I called the police and the police had to intervene. They negotiated the situation and informed the lawyer that if he didn't hand her over within 30 minutes that they were going to issue a warrant for his arrest on kidnapping charges. Anyways... he dropped her off at a police station 2 hours drive away with some old lady. I went and picked her up. (all documentation is with me.) The lawyer still has her Australian passport (obviously he will exchange it for money). Anyways... the corrupt lawyer isn't the problem.

What is the mothers position now if I come back to Au with my daughter. Can she get custody of her straight away. I am currently with my daughter overseas.

 

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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 21/June/2012 at 17:26


Too complex for a forum to deal with IMO. Your brother will need to see a specia-list in the area of international child custdy with all the documents to see what's going on, what country has jurisdiction etc etc.



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Please post your legal questions in a forum rather than sending a PM. Thanks

 

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  Quote halalo Quote  Post ReplyReply Direct Link To This Post Posted: 22/June/2012 at 22:59
Thank. So is there a special category of lawyers that deal with international custody laws in AU? Also,, who should be notified when it comes to the passport as he is not sure who has the passport at the moment. It might be with the mother in Australia. He doesn't know .

Thanks

 

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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 23/June/2012 at 12:51


Not necessarily a special category, but he would want a family law solicitor that has a reasonable amount of familiarity with & preferably experience dealing with international custody & the legislation involved.

If he can't track down the passport, he would need to find out what is required to apply for a replacement in Lebanon if that's where he is. The Australian embassy may be of some assistance.

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

 

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De Facto Agreements, fully certified & enforceable - $1,350

DIY Wills and Powers of Attorney from $29.95

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