NSW Charged by Police with Assault - Will I Lose Custody of Children?

[Rod]

I believe proper legal advice is what you need. Based on your post you have multiple related issues to work through.

 

[devastated Mum]

Well, I am a woman, so perhaps you could refrain from inferring I'm a 'woman hater' and actually focus on the facts of your case instead.

As I said earlier, state police aren't known to invest public resources into charging a person unless they have evidence they believe will support a conviction at trial. The standard of proof in criminal matters is beyond reasonable doubt, meaning the prosecution has to persuade the Court beyond reasonable doubt that you committed the crimes for which you have been charged. Successfully prosecuting a crime at trial is no easy feat, so I would say it's folly to believe the police are pressing charges against you with no evidence other than your ex's word 'because he got to the police first'.

The fact that you have been charged with violent crimes at all does not bode well for your parenting matter, and indeed, given that your ex is currently the resident parent and not subject to any criminal proceedings, he essentially has the upper hand - it's really him who needs to have 'no huge issues with shared parenting', rather than you.

The conditions you've placed on your willingness to engage in shared parenting are also optimistic at best. Whatever your former father-in-law did, it obviously didn't represent a risk to the children, otherwise they would be named as protected parties on your AVO, as well, correct? But they aren't. On top of that, they aren't subject to criminal proceedings, while you are - I'm sure you can appreciate the irony of wanting to protect the children from their grandparents, when the only one actually charged with violent crimes is you, and I can assure you that irony won't be lost on the Court, either.

But, with that said, it sounds like the father is trying to resolve things outside of Court and it doesn't sound proceedings for parenting orders are actually on foot yet, so anything Court-related is basically irrelevant at this point. While there are no parenting orders in place, you and your ex are at liberty to do as you see fit in regard to the children, but perhaps your best course of action right now is to organise a consultation with Legal Aid to get legal advice - they offer free consultations for parenting matters and may be able to represent you for same.

Best of luck.

Thanks for your information. The woman hater is not referring to you to begin with so please relax.

However to clarify: the AVO against my former father in law does state including anyone who I have a domestic relationship with- this includes my children yes? Let alone that my former father in law had in the past emotionally abused my oldest son a few times!

Ironically as how my ex had planned out by driving away to his parents two hours drive away, now our children are forced to live with him and his alcoholic mother and violent father against their will. My oldest son talked to me almost every day saying he really misses me and his old school and friends, and his father gets nasty with him every time he mentioned that he wants to be with me!! Our youngest at age of thirty three months they are not toilet training him yet saying leaving it to Childcare! Can anyone tell me are these in the best interest of our children?

Now it is heart broken to learn that both kids were sick and as their mother I could not do anything other than comforting them over the phone.

The false allegations of assault and AVO for him, is just a maneuver to gain upper hand in the family Court- as he knows there is no way I would accept him having sole custody of children without a fight in Court. Yes he would try getting me to agree to his proposal first, if not happening, then Court.

 

[devastated Mum]

I believe proper legal advice is what you need. Based on your post you have multiple related issues to work through.

Thanks

 

[Hoang Trang]

This is based on Myschool official website NAPLAN results as well as how multicultural that school is.

For a second I thought it had to do with maybe the parents not being violent people??

 

[devastated Mum]

For a second I thought it had to do with maybe the parents not being violent people??

Sorry I don’t quite get what you mean? As one of the many Asian backgrounds people I do emphasis a lot on our children’s academic future. And this is something alien to that bio family of his(just one of the alien things to them to be accurate). And I have never said his parents being violent- his mother is alcoholic and his father is violent.

 

[ProudFather]

It seems as though you just want someone on here to take your side and tell you what you want to hear. That's just my observation and opinion, I could be wrong.

You can't control other people's actions ( your ex's, or his parent's ) however you can control your reaction ( and in your case it seems you reacted badly to their actions ).

Instead of going on the attack, you need to take accountability for what you've done. Talk to a legal aid, get a lawyer, that's the only way you can move forward, for the best interests of your children.

 

[devastated Mum]

It seems as though you just want someone on here to take your side and tell you what you want to hear. That's just my observation and opinion, I could be wrong.

You can't control other people's actions ( your ex's, or his parent's ) however you can control your reaction ( and in your case it seems you reacted badly to their actions ).

Instead of going on the attack, you need to take accountability for what you've done. Talk to a legal aid, get a lawyer, that's the only way you can move forward, for the best interests of your children.

I agree with your saying I can’t control others actions. If you have read the post you would see: The thing is someone grabbed you by your throat- what are you going to do? Let them do it? In front of your kids? I really doubt you will let them do it when you are suffocating.

 

[devastated Mum]

Yes I am getting a lawyer. Proper legal advice is what I am after.

I agree with your saying I can’t control others actions. If you have read the post you would see: The thing is someone grabbed you by your throat- what are you going to do? Let them do it? In front of your kids? I really doubt you will let them do it when you are suffocating.

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