VIC Child custody for pr holding stay at home mom

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Clancy

Well-Known Member
6 April 2016
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Thank you very much for the clarification AllforHer. Based on your experience with family law, do you think you could tell me which parameters the court uses and how exactly they define that the shared parental responsibility isn't in the best interests of the child?


Well, you would need proof/evidence.
It is not enough just to tell your stories - its your word against his.
But any serious allegation would be investigated by police/child services and their findings will have a strong impact in court.
Look, if you have to make your case fit the parameters for sole parental responsibility, then you don't have a case for sole parental responsibility. Sole parental responsibility is only granted where one parent poses an unacceptable risk of harm to the child, or shared parental responsibility is not in the best interests of the child, so you're going to need evidence above and beyond just your word to successfully rebut shared parental responsibility. Has dad ever been charged with a violent crime? Has DHS ever been called for the child's welfare? Are there police reports? An IVO? Etc?

If the answer is no, then you don't have a case for sole parental responsibility.

As a word of warning, parents who seek sole parental responsibility with nothing other than their word as evidence of risk, can and often have wound up with an order reversing residency of a child.

Just because dad said he will fight for primary care of the kid, does not mean this automatically becomes a fight for parental responsibility. He's going to be told the same thing as you: that unless he can prove you pose a risk to the child, that's he's going to end up with an order for shared parental responsibility.

Children benefit from having both parents in their life, that's a presumption in law, and they benefit even more of their parents can put their issues aside and get along for the sake of their kid.

My suggestion is to contact Relationshops australia for two reasons - first to organise mediation to talk about care arrangements for the kid, second to enrol in a post-separation parenting course.

This is very good advice!
 

sammy01

Well-Known Member
27 September 2015
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2,894
so dad will get some time with the child. How much, very much depends on how hard you fight and you will find the fight not worth it.... So the child is very young, that will impact on the amount of time dad gets.... (possibly)

You are studying a masters degree? so you clearly have the capacity to work so you're not reliant upon him