VIC 50/50 custody

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Ilovemykids

Member
22 November 2020
4
0
6
Hi there

Am seperated from my ex recently and she’s denied lying access to my children, my children’s are 14 n 9.
she decide when I meet the kids n she only gave my kids for 3 weekends for month.
she diagnosed with a stage 4 breast cancer and she’s reviving treatments.
I want to resolves the issue for kids sake and she is no willing to solve it.
I don’t have any intervention order .
Currently she’s not working and she’s getting Centrelink money and some money from our property. With her medical condition she’s unable give proper care for kids. I just wanna have a advice that if I go for 50:50 custody. Do I stand a chance? Please advice 🙏🙏🙏many thanks in advance
 

Atticus

Well-Known Member
6 February 2019
1,411
209
2,394
Do I stand a chance? Please advice
First thing you MUST do is attempt to resolve the issues via mediation, ie, an accredited mediation service. That is a mandatory pre cation requirement before you can apply for orders ... have you done that?

What contact are you currently having?
 

Ilovemykids

Member
22 November 2020
4
0
6
Thank you for the reply , yes I tried to start a mediation through a solicitor and also FDR. But she didn’t reply to any. What are my chances to gain 50/50 custody if I go to court?
 

Atticus

Well-Known Member
6 February 2019
1,411
209
2,394
50/50? ... who knows. Sooo many things need to be taken into account.. Better off asking your lawyer as at least they should be aware of the circumstances. I guess your asking here because the lawyer can't tell you either.

How long ago did you attempt mediation? ... If within the last 12 months you *should* be able to request a s60I certificate be granted which will allow you to file for final & interim orders
 

Ilovemykids

Member
22 November 2020
4
0
6
my lawyer was saying due to her medical condition , I have chance . I recently tried to mediate and waiting for my certificate then I will proceed with the court. Just wondering what are the my chances .
 

Atticus

Well-Known Member
6 February 2019
1,411
209
2,394
Some points ...

1) Her illness would need to be shown to have a direct & serious impact on her ability to parent... My thoughts are that if she is deemed capable of 50% care, then she would be deemed capable of more

2) At 14, the eldest child s views & wishes would generally be given a fair amount of weight regarding care & visitation.

3) Being granted 50/50 care by order rather then by consent, would mean that the court would need to be satisfied that first & foremost it's
a) In the kids best interests
b) You can demonstrate (usually by a period of interim orders) that you are able to effectively co parent
c) That it is actually practicable in all the circumstances, ie, (in part) both parents live close enough to schools, kids social & sporting networks etc, so that their lives are not unduly disrupted by a change over of residence.... that both parents working arrangements allow for 50-/50 care

Your chances will in part, depend on the above
 

Ilovemykids

Member
22 November 2020
4
0
6
Since she is stage 3 IBC patient, her side effects are severe from the medication. She need some one to care for her. She’s is still recovering and under strong medication
At the movement am the one bring the kids for their activities and pick n drop the for school. I am
Planning to get a house near the school n bring my parents to help me during my work
For now me n my kids have a good relationship n they want to spend more time with me.
yeah like u said that’s what exactly am going to do. When we were together I always prioritise my kids over my work. I was the one mainly done most of their things. I was the one spend more time
With them as my ex used to work five day full time job.
God will help me. I can’t live without my kids. Am not asking more but I will fight for my kids. Their the only purpose am
Living for now. I think I can be a better carer for kids than her.
thank you for ur reply🙏🙏🙏