Hi. I had a break down in November, left my job and fled WA to GC with my children. I could not take anymore of my ex husbands controlling games. I’m about to be issued another mediation certificate. I do want to return to WA but not until I have a PO in place Im hoping can stop him from trying to control my life and take the kids when he pleases or takes them out of school without my consent. Or even better drop them to me while I’m on at shift at work. Advice please?
You can apply for a protection order protecting yourself and your kids however it doesn’t override and family court orders and parenting plans aren’t legally enforceable. It sounds like a really complicated situation that you likely need the advice of a lawyer. You need to have grounds for a protection order and evidence, I’d suggest speaking with a DV service for help in this area as they can advise also.
You will definitely need a lawyer for this. Other than being controlling and taking the kids without communication, you may need more evidence as to why a PO should be put in place. From your post it sounds like what you actually need are some court-binding consent orders for parenting. He has to abide by them by law, so that could stop some of the controlling and pick kids up etc.
If there are no orders on place you can’t prrvebt him taking kids as he has as much right as you. If u wish a more forma arrangement you need consent orders or custody orders. If mediation is failing you’ll need apply through federal court which is a very long and horrendously expensive process
From what you have said a PO is not your answer. You need parenting orders. As he is the dad he can take them whenever he wants, if there are no parenting orders in place. Controlling behaviour is no grounds for a PO. Do you have a lawyer? Or may be able to apply for legal aid?