NSW Chances of Ex Getting Custody of Children?

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LeanneH

Member
11 December 2016
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I need help. I want to get a divorce and I am worried about who will get custody of children for my son who I have ever only spent one night away from and worked so hard to look after him. I left my husband of 4 years at the start of January. We have a nearly 4-year-old son together.

I left him due to him not being able to stay in the one job, moving from town to town too much and arguing too much. When I broke it off, he was up in the NT trying to get work. In April/May, he decided to tell his son and I that he was heading to New Zealand to see relatives. I then got a phone call from his work asking to speak to him. Apparently, he told them that he was down here seeing his son for his birthday (his sons birthday is in January). We all then found out he was in Bali.

Since then, he has done about 4 trips to Bali, sold the family car and went back on a mutual agreement to go halves in the money from it so I could get a car for myself and our son (the car was in his name, so yes he had the right to keep it but I entered into a debt agreement last year, so I cannot get a loan for a car now). He also got engaged to someone in Bali and ignored his son and has not spoken to him since April/May.

I am wondering, if he tried to go for custody (which he is threatening) will he get it?

My son and I have since moved into our own place. He is now in child care and going to start preschool next year. He has his family and cousins around. I am studying and have also just picked up a job at a bank. His dad will not pay child support (and he has another child which he has tried to avoid paying child support for as well. She is now 18 but he still has a debt there) so I have been supporting him by myself. Are chances of getting full time custody good?

Thank you for your help.

I literally had to start from the beginning with furniture and everything. I am also borrowing a car off my parents due to not being able to get a loan because of my debt agreement which half of the debt is his. His dad has now gotten into contact with me via text message wanting to speak to his son after all these months.

Do I let him talk to him? His son has finally stopped crying for him and is going really good now and I am worried his dad will do the same again.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Your first port of call will be mediation. The court likes to see this 60i certificate. So my opinion is to contact Relationships Australia tomorrow and ask them to start mediation. Now if he lives miles away, he will more than likely not attend. Keep pushing hard for the 60i certificate.

Once you have it, then apply for it to go to court and you will have to serve an Initiating Application (family law) complete with affidavit on him. I will say this, courts don't like giving out sole custody. But the thing is with taking it to court, it will lock down any parenting plan you two have come up with and give you a foundation to work from.

Cheers