QLD Chances of Ex Getting 50-50 Custody of Children?

[PixiePie]

Yes, you're right I am speculating based on what information Devastated has provided. We haven't heard from the other side.

 

[Billbobson]

The court has granted equal time orders for children as young as two years of age, and nearly all of the Queensland judges take a progressive view of parenting matters such that a child's time with each parent is more meaningful and valuable to a child than one parent's perception about what constitutes routine. One judge even said that seeing the non-resident parent is no less an important routine than going to school every day.

For real? Unfortunately I'm in the process of taking my ex to court as she has been quite difficult since we separated.

I'm petrified that I won't have an equal shot with my daughter and there will be bias because I'm the non primary carer (not by choice).

I'm a normal dad/man who just wants to see his daughter more.

 

[AllForHer]

@Billbobson Looks like the mods removed my post (and edited yours).

If you have any questions about family law, the forum users, including me, will do their best to answer them, so please feel free to start a new thread so we can help you with your matter. Just bear in mind that nothing you read here is legal advice, just insight and opinions.

 

[devasted]

I don't understand why you would agree to that arrangement. What he's doing is emotional and financial abuse. My ex tried the same thing.

Raising a child is very expensive, more so for a single parent. You stated in earlier posts that you are already struggling to pay your bills, feed your kids etc. Why would you further jeopardize your kids' wellbeing by allowing your ex to skip child support when he is in stable employment and you're caring for his 3 children?

I think you should re-consider this agreement. Contact CSA and ask them to collect on your behalf. If he has an issue with it, he can speak directly to them. I wish him luck!

Don't let him bully you. Your children need that money. I strongly urge you to get some emotional support for yourself because I think I know what you're dealing with and I don't think the child support issue will be the last of it.

I'm speaking from experience - one mum to another. He is not going to give up until he destroys you and you are forced to hand over your kids. Sounds like he's deliberately wearing you down.

I think you should speak to a Domestic Violence Liaisons Officer at your local police station too. They are a huge help and may calm things down a bit.

What he's doing won't go down well with the courts either. It's wilful neglect of his kids.

You need some proper legal advice.

Thanks for your reply. We only have one child. I am letting things calm down a bit at the moment and then will work child support out. At the moment, I have moved into a new workforce and am doing well for myself. So financially I am fine to provide for my daughter alone. However, I will be bringing this up again as it is not my job alone to do that. But thanks for your help. I will keep them in mind if he decides that he doesn't even want to pay a minimum of $40 a week.

Thanks for your concern. x

 

[PixiePie]

Devastated, yes you do have only 1 child. Sent that message just before bed. Sorry about that.

You mentioned in an earlier post that he is in debt because of his business. Is he telling the truth or misleading you? Have you seen/ have copies of the financials?

If he cannot afford to pay child support because of a failing business, how can he afford to support a child 50% of the time? Does he realise bank records can be subpoenaed for court to determine financial status? A bit risky for him he is planning on litigation. He will run out of cash very fast. Then again, his gf or family might help pay the fees.

If he cannot afford regular child support then I'm sure he could support his daughter through other means, such as buying some essential items, such as shoes or clothing.

Either way, he needs to make some effort whilst care arrangements are being resolved.

 

[AllForHer]

Or caring for her more often? If a primary carer is struggling to financially support the children - as you argued before - how can he/she afford the child more than 50% of the time?

Sorry, PixiePie, I find some of your arguments to be incredulous and quite simply biased. You seem to be focused on the money, not the children...

 

[PixiePie]

AllForHer, Devastated's last post was about the child support, which is what I am addressing now.

I am not focused on money. I am focused on what's in her daughter's best interests and that co-incidently includes financial support from the father, regardless of the percentage of care he has.

I am also speaking from experience. My daughter is almost the same age as Devastated's and I was up against my ex and his live-in girlfriend, plus his 3 other 'witnesses' and was still awarded primary care.

Thankfully, I have a legal background (not family law) which helped immensely in preparing documentation and affidavits for court. I also researched family law like most people here to save on legal fees and it paid off.

I am providing Devastated with the information that helped 'me' retain primary custody as the working, single, biological mother.

Yes, Devastated did ask what the likelihood of her ex getting 50% care is and has received many replies, however, you can't walk into a court room and expect to win if you have not done your homework.

I highly doubt Devastated's ex is going to play fair if it does go before the courts. Best be prepared with your own ammunition, should it be needed.

 

[devasted]

Devastated, yes you do have only 1 child. Sent that message just before bed. Sorry about that.

You mentioned in an earlier post that he is in debt because of his business. Is he telling the truth or misleading you? Have you seen/ have copies of the financials?

If he cannot afford to pay child support because of a failing business, how can he afford to support a child 50% of the time? Does he realise bank records can be subpoenaed for court to determine financial status? A bit risky for him he is planning on litigation. He will run out of cash very fast. Then again, his gf or family might help pay the fees.

If he cannot afford regular child support then I'm sure he could support his daughter through other means, such as buying some essential items, such as shoes or clothing.

Either way, he needs to make some effort whilst care arrangements are being resolved.

Yes I'm not worried about court as I have been told by many people, including his family that he & his gf are in debt. Since I gave him the money from our settlement, I have not heard from him at all about seeing his daughter other than every second weekend. It's now been over 6 weeks. So it was all a bluff to stress me out. I will definitely get on the child support though as he, at least, needs to be paying the minimum.

 

[PixiePie]

Funny that. I'm not surprised at all. I would still keep a record of everything. Just be careful he doesn't come back later on and get lawyers involved when he's back on his feet, or try some other means of manipulating you.

I hope everything works out for you ☺