QLD Chances of Ex with Domestic Violence Order Getting Custody of Children?

[Dan13]

My ex partner & I broke up in 2012. Kids are ages 6 & 8. She had the kids up until Sep 2015. Until then, I had them during holidays & some weekends.

I took them away from her due to her having an alcohol addiction, not enough food & a filthy house the kids were living in. She has refused mediation, so I will be receiving a Certificate of her Non Attendance. She has made accusations against the lady from 'Act for Kids' who is trying to support both parties. She has been reported to DOCS multiple times, not from myself.

DOCS have spoken to the kids and found out she was hitting them all over their bodies. The kids also missed almost a whole term of school this year while in her care. There is a Domestic Violence Order in place against her, stopping her from coming to mine & my partner's residence. She is also not allowed to pick up the children from school. Now she is going for full custody of children.

Does she have any chance of getting it?

 

[sammy01]

Hey, I know you must be pretty stressed about all this. Based on what you've written I'd like to be able to say definitively that no, she doesn't. But I can't. The law is heaps more complex than that.

Is it possible that she'd get some access? Yes. How much and under what conditions? Don't know.

But I reckon it is a good thing that you bumped into this site. Why? Well if this goes to court, you can ask your solicitor questions and the solicitor will answer and charge you... Or you can ask questions here and hopefully someone here can help and that will save you money.

So here are some suggestions.... stay calm.

So when you say 'she is going for full custody', how do you know that? Has she applied to court?

So my first thought would be that depending on your situation, you might wanna apply to legal aid. No guarantees but that would be a start.

Next - Stay calm - yep I know I've written it twice - deliberately. At present you're in the box seat. As far as court goes, you've got a hell of a lot going for you. Don't stuff that up by doing anything dumb.