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QLD Chances of Getting Custody of Children and Family Law Rights?

Discussion in 'Family Law Forum' started by prsno64, 11 April 2016.

  1. prsno64

    prsno64 Member

    8 April 2016
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    My de facto partner of 4 years left our home and has moved in with another man. She is not an Australian citizen. She is 28 and I am 52. We are currently applying for a Partner Visa 820/801. She is allowed to stay in Australia because she has a Bridging Visa A which also allows her to work here.

    We have a daughter who has just turned 2. Our daughter is an Australian citizen by descent.

    She started a job in February which involved both day and night work, sometimes she would be out all night and she said the boss paid her in cash for extra shifts. She sent most of the money that she earned to her family in her home country.

    I thought we were in a loving and committed relationship up until a week and a half ago. One night, I awoke in the middle of the night and noticed she was lying at the other end of our bed using her iphone. I asked what she was doing and she said she was looking at Facebook. Next day I sneaked a look at her phone and saw a picture of her with another man. I checked her text messages and all had been deleted. I then checked our online joint Vodafone account and saw that she had made 400 texts in 1 day to a mobile number.

    I confronted her and after a day long argument, I finally found the truth. She was in love with this man and she wanted to go to him. It came out that he had actually been paying her to sleep with him. The fighting became worse as the day and night went on. At 1 point, she started striking me. I had to protect myself with my arms and hands. At no point did I strike her back.

    I received 1 fierce punch to my kidney area which is still hurting 10 days later. She also grabbed my ipad and phone and said she would smash them. I had to restrain her by the arms. This caused a slight bruise on her arm which she is now threatening to go to the police about. She also scratched my arm drawing blood and bruised my upper arm.

    Next morning, she left our house leaving my daughter and I by ourselves. 10 days on and I have spoken to her on the phone several times and she is adamant that she will never return to me. At first, she said that she wanted our daughter and she will take her back to her home country where her mother will care for our daughter. I asked an immigration forum and it seems that she is not allowed to take our daughter out of Australia without my consent. It also seems that her Bridging Visa will not be cancelled and that she will stay in Australia as her daughter is here.

    Then a few days ago, she said she wanted take our daughter in full custody and I said no way she can do that. I believe she is living in shared accommodation with her new man and 2 or 3 other males. There is also a swimming pool there. She became involved with the man she is living with by prostituting herself to him. I certainly would not want my 2-year-old daughter to even visit that place. These men could be paedophiles or child molesters. I believe these men are all in their 20s and 30s and no doubt a lot of drinking is taking place as well as possible drug use.

    She also wants to come here and collect all her things. Naturally I am very angry at her. I have been faithful to her for 4 years and have always shown great kindness to her and her family. I have paid out so much money that I have gotten myself into financial difficulty. I have told her I do not want her in my house, if she comes here I will call the police and have her charged with trespass. I told her she is a terrible mother and she should stay away from our daughter until she can sort her life out. I said that if she wants to see her daughter she will have to go to mediation and then to the Family Court.

    I would like to know what her rights are in this situation and what my rights are under Family Law. I would also like to know what her chances are of gaining full custody of children, or if she would just get visitation rights.

    Any information I can get will be greatly appreciated.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    So there is nothing to stop her collecting the child from child care or school or whatever. You need to think through what you're gonna do on that front...

    I think you need to just stay calm and seek some assistance to organise parenting arrangements. Call Relationships Australia to get things started.
    prsno64 and Clancy like this.
  3. Clancy

    Clancy Well-Known Member

    6 April 2016
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    Yep, call relationships Australia.

    People will probably say you have been naive and this is the danger of relationships formed with economic pressures in the background. Because you just never know their true motivation for being with you. How much is out of love? 10% 50% 90%? Well whatever percentage it was, it was not enough for them, I am so sorry.
    prsno64 likes this.

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