VIC Custody of Children and Adoption - Parents Not Cooperating

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Well-Known Member
12 October 2014
Married. Father is currently on a bridging visa. Both parents don't want to cooperate with one other. Mother wants adoption (adoption Australia), father is refusing adoption. Mother does not want to give child to father for safety reasons, his bad anger, drinking, gambling and and financial instability. Father is looking at full custody of children. What are my options under family law in this situation?

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Missii,

1. Who are you in these facts? Are you the mother, father or child?
2 Why is the mother looking at adoption? Is the mother not the biological parent of the child? If so, is the father the biological parent of the child?
3. Are the parents separated or divorced? I do not understand why you're talking about custody matters if the parents are still married and together.


Well-Known Member
23 July 2014
This situation needs some clarity, as Sarah J says above.

When considering the generic 'child's best interests' rules, my first inclination is that anger, drinking, gambling and financial instability are not good enough to reasons to stop a child seeing his/her father, let alone cutting the father out of the child's life completely via adoption.

If I'm honest, I'm even sitting here thinking that if I were the father in this situation, I'd be going for sole parental responsibility as well - contending with a mother who thinks a father is just being uncooperative in trying to maintain some right to raise his kids and citing circumstances that pose no real danger to the kids as reasons for ousting said father from their lives completely...leaves me questioning who is more likely to be acting in the kids' best interests...