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  | May 2006

child custody

i just left my partner of 1 and 1/2 years and im a young mother, we have a 3 month old son together and im wanting to get sole custody because he has never had anything to do with our son (never feeds, changes, baths or buys anything for him) and he has a bad criminal record and is overly possesive and controlling. i know he will try and get our son off me just out of spite! how do i go about getting custody and how long will it take? SOME ONE PLEASE HELP ME!

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Advice List: Custody of children when separating

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jeanie2008
November 2008 | jeanie2008
Re: child custody

also, i had police reports and AVO's but the judge told me,unless i had the police officer who wrote the report,in court as my witness,he would not even look at them.



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jeanie2008
November 2008 | jeanie2008
Re: child custody

Apparently,father's have a right to equal access to and or contact with their children.This is the case in Australia anyway.My partner and i were together for 10 years.He was extremely violent towards me and threatened to harm my children.I stated all along,over 3 years and 32 court cases ,that i wanted my children to know their father,i just wanted supervised visits.The court made him attend a one hour psychiatrists appointment and decided he was fine to have his children.My barrister told me in our final court case that  all fathers,even fathers who had sexually abused their children,still had the right to contact with their children.In the words of Winston Churchill:''The law is an ass".Talk to a family law solicitor and arrange to apply for sole custody.



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mewannaboy
August 2006 | mewannaboy
Re custody
I have full custody of all four of my children,which is great.I feared not getting custody because he could have down graded me to no end luckily now we have the best relationship.as mentioned document any contact,anything you have eg abusive letters,photos of events without him there proof he wasnt at important events,family memebers could also be a help.I went to a womens centre that specialised in this and they wrote me a letter saying the stress that my ex had caused me during our marriage.I took 2 years to finally get custody of the children, interveiws and my ex not attending court dates really slowed it down . Find yourself a solicitor who may specialise in these situations.jump in first...try and get everything done you can before its asked of you then you are the parent who has taken all the steps while your ex is wanting but not doing so to speak.Dont panic because in 90% of cases the mother will get custody,as i was told by my soliciter i would have to be selling drugs, living in a shack and be a prostitute before they would give him custody.Also they will see where the child has resided for much of its life,your family life and the childs contact with relatives and schooling or preschool all of these things.A good judge/registrar will see that keeping the child with you will be upsetting his life anymore than it has been upset by the events its had to endure already.It doesnt matter how young,a baby is like a sponge sucking up fears and anxietys in its little life. All the best to you.


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      mewannaboy
August 2006 | mewannaboy
Re custody
Sorry i meant to say keeping the baby with you will be better than upsetting its life anymore than its already hda.


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mrslunar
5.00 (Excellent) | May 2006 | mrslunar
yuck

My biggest piece of advice for you is DOCUMENT DOCUMENT DOCUMENT. By a journal or keep a running Word document and document EVERY THING.

Next, prepare for the worst. If he petitions for partial custody and you have nothing but hear say to back you up, he'll get it. I hate to say it, but he likely will. So prepare for that event. If it happens, you're prepared, if it doesn't, you will be thrilled.

It doesn't matter what's gone on domestically if there is nothing on record to say he beats you or the child. It's just "he said/she said" and it's very unfair but it's how it works. His criminal record is probably the ONLY thing that you have but if that isn't about anger or abuse or drug issues, it is probably meaningless.

Custody matters take months. Sit tight, document, watch your back, and don't do anything to step out of line. Don't do anything to prevent him from seeing the baby unless he harms you guys. Courts HATE it when you act vindictive or outside the law.



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      Anonymous Member
4.92 (Excellent) | May 2006 | anonymous  
Re: yuck

thank you so much! im going to see a lawyer tomorrow!!!! that bugga's not getting my lil boy!!

; )



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