NSW Advice Needed for upcoming court .

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6 December 2019
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Hi Everyone
New to this forum need some advice. Agreed to seperate start of Nov last year mutually after being together 20 years . Have 3 kids 13,10 and 8. Have parenting plan in place with 50/50 shared care. I have a DVO against her which has been breeched for assault earlier this year on my new partner and I . Have been paying child support 100%. She has met a new partner and has said she wants to move away around 300kms have received an email from her solicitor with affidavit with a lot of lies etc and a court date . She is going for sole custody with every second weekend for me. I have not gotten a solicitor yet as have been trying to save the cash until needed. Have a court date for March next year so will be seeing a lawyer prior. I have evidence to disprove all of her lies including a lot of txt messages with dates etc . She even quoted one of the kids teacher saying that there school work has deteriorated and the teacher can tell when they are in my care . The Teacher has refuted this and is articulating a response for me. Question is does she have any chance at sole custody . I am not pushing for sole custody even though she is mentally unstable I have around 100 threatening txt messages from her. Any advice around this would be appreciated.
 

SamanthaJay

Well-Known Member
4 July 2016
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My opinion is - you have a good solid year of 50/50 working well?

Affidavits are often full of lies.

Judges aren't stupid - they see this bs all the time.

You will probably need to save up a lot more money than you think - a barrister will most likely be recommended.

Don't get pulled down to her level for any reason whatsoever. Don't play her stupid games. Keep your head held high no matter what.

I can't see the judge agreeing to her having sole care.
 

Atticus

Well-Known Member
6 February 2019
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Have 3 kids 13,10 and 8. Have parenting plan in place with 50/50 shared care.
I can't imagine kids that age are going to be thrilled with the prospect of being dragged away from friends & their schools, especially if it's just so mum can be with a new partner..
Have a court date for March next year so will be seeing a lawyer prior.
You are the respondent?.... in your response, seek an interim injunction to prohibit the kids relocation to anywhere outside a 20 KM radius of where they currently are... if you don't know how to do this yourself...... SEE A SOLICITOR NOW, Don't leave it if at all possible
 
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