NSW Custody of Children and Child Support Issues with Child's Father

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22 July 2015
Hi, I'm seeking some help for my legal question.

I have a four year old daughter. My relationship with her father broke down a few weeks before she was born because I just couldn't bear to raise a child around drugs and violence. He has had very little contact and input in her life since, even though he was always welcome to arrange visits and welcome in my home up until my daughter was around 3 years old when he made a few threats toward me, this made me feel uncomfortable being alone with him, after this I made arrangements with his father (child's grandfather) to have any visits on the alternative Sundays that she spent with him and his wife, as my daughter's father had never spent time with my daughter unsupervised, I didn't want to throw her in the deep end with someone she wasn't comfortable with or knew and she was already comfortable going to her grandparents place as it had been a common occurrence since she was around 1 year old. His father and his wife both agreed this was the best way for my daughter's father to spend time with her.

He was notified many times about these visits and rarely ever made time to show up maybe 2 or 3 times over a year. He has now moved interstate and doesn't contact at all, refuses to pay the required amount of child support determined by the Child Support Agency, and has been having all his payments put into his girlfriend's accounts so he can avoid paying.

I have tried to go through his workplace but he changes jobs so frequently it makes things hard. It's not about the child support to me though, I just want my daughter to be happy and safe and if I thought he would be a positive relationship and role model in my daughter's life I would have no problem pushing him to be a part of her life. I'm still under the impression he is using drugs, and being violent. My daughter has some really strong relationships with as many family members from his side of the family as possible.

I'm wondering what the chances of me gaining full custody of my daughter are (custody of children)? I have never tried to seek it before now because I'm worried that he would be granted unsupervised visits.

Thanks to anyone who can help :)

Tracy B

Well-Known Member
24 December 2014
Hi Amg1310,

Violence, threats and influence of drugs will be taken into account when deciding whether to grant unsupervised visits to the father or full custody to you. As for the chances of you getting full custody, that is hard to say without knowing the fuller picture (and the evidence behind this).

However, if you haven't already, try reaching out to some free legal and support services that can help you. A good starting point is: