VIC Partner lost custody due to swayed allegations

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izzydvp007

Member
25 June 2019
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0
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My partner has been deprived of seeing his children for 2+years.
These are the children he had seen everyday and had been actively involved in their lives for 10+years until his split from his partner.
She had an avo claiming drug induced violence soon after their seperation.
When he had provided a failed drug test, his children were, subjectively, "rightfully" taken off him.
My partner is not a drug addict nor dependant user, he simply and harmlessly smokes marijuana here and there, which his ex was well and truly informed of by himself.
The mother's parents are insatiable and possessive and have heavily impacted the way she and their children see my partner, including witnesses for the avo.
He is a wonderful father and loves his children very much, but he understands that he has violated the law and the protection of his children through his sporadic drug use.
It is difficult to watch him believe he is without his children because of a recorded failed drug test and there is nothing more to prove he is worthy.
I was wondering what sort of rights he has to obtain custody again... Knowing how difficult it is to prove that he is a fit parent with the evidence currently against him
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
My partner has been deprived of seeing his children for 2+years.
These are the children he had seen everyday and had been actively involved in their lives for 10+years until his split from his partner.
She had an avo claiming drug induced violence soon after their seperation.

Seems weird that she would accuse him of marijuana induced violence... Not exactly the drug to induce violence in people usually. I would have thought that marijuana use would correlate more with losing track of time, a lack of motivation to actively parent, etc. But not violence. As with many of these descriptions of how things have come to a head, it seems like there might be more to that than you've explained? Maybe it was the violence itself and drug use was just more icing on the cake as far as the court was concerned? I'm only guessing. Just seems disproportionate and I'd have imagined that they would give him opportunities to show he can become clean etc, but I wouldn't know the process. As asked above, what jurisdiction was involved? Also, is he being denied even supervised visitation? You say that he isn't seeing his children for 2+ years, but that seems strange because I thought supervision was often an option in situations where there is still a benefit to the children seeing their father but a risk has been identified?