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NSW Custody of Children - Can Father Get Full Custody of Son?

Discussion in 'Family Law Forum' started by Bill123, 21 February 2015.

  1. Bill123

    Bill123 Active Member

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    I just want to no what's chances are of getting custody of my son ( custody of children); he was born overseas so he has dual citizenship. The 3 of us are back in Australia. my wife on a tourist visa expires in couple days. She ran away the refugee with baby. Now I have to go family law court to try and get custody.

    We both have been charged for common assault on each other. She is an ex prostitute worker back in her country. I got a lot of evidence and all other documents that I have been the provider financially from day one. How are my chances in the Australia court?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Your chances of getting sole parental responsibility are as good as the mother's, provided it's in the child's best interests.

    The Family Law Act 1975 is the authority on children's matters. You first have to attend, or attempt to attend, a family dispute resolution conference to try and sort your issues without court intervention.

    If you are unable to reach an agreement, you can file an initiating application with the court for parenting orders.

    Parenting orders will always be made in the child's best interests, which is explained in section 60CC of the Family Law Act. The primary considerations are the benefit to the child of having a relationship with both parents, and the need to protect the child from harm caused by negligence, abuse or family violence.

    There are many secondary considerations, such as whether you've spent time with the child, participated in long-term decisions, paid child support, are supportive of the relationships with the other parent, etc.

    So, if you can prove it's in the child's best interests for you to have sole parental responsibility and residency, then you have as good a chance as the mother of achieving that outcome.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Just bear in mind that proving that is next to impossible, these days. :p
     
  4. Bill123

    Bill123 Active Member

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    She hasn't got her spouse visa , tourist visa end in couple days, child was born overseas I was home in Australia and went there 1 week after he was born. She had no income nothing besides the prostitution she was doing and I got photos videos the lot to prove she is a unfit mother
     
  5. Bill123

    Bill123 Active Member

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    She come from a country with no work and if there is legit work they get paid 100€ month if there lucky.

    I was there with her before and after altogether for 2 years and got bank statements proving not just my wife and son but her mother and father
    They don't work and can't pay bills
     
  6. Bill123

    Bill123 Active Member

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    I married her to give her a better life coming to Australia and start a family. Who would want there kid to grow up in macedonia it's a corrupt,poor country and no one has a futre there, why would the court decide it's better for him in that low life country
     
  7. AllForHer

    AllForHer Well-Known Member

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    Nothing you have said here in any way indicates she is an 'unfit mother', as you have suggested. Her choice of profession may attract judgement from society, but that has nothing to do with the child being fed every day, living in a safe environment, and having a relationship with both parents.

    An 'unfit parent' is someone who abuses their child or neglects them. Is she doing either of these things? Or is she just 'working as a prostitute' and 'has no money' and 'living in Macedonia'?
     
  8. Bill123

    Bill123 Active Member

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    The problem is she doesn't like the life in Australia and wants to go back to her country and will try everything to try and win that kid. She's not ready to be a mother and as of feeding the baby I do all that all she cares about is drinking alcohol which she had a big problem and smoking 2 packets of cigarettes a day.
    She was smoking and drinking while pregnant with my son and he was born a premature but thank God he is fine
     
  9. Bill123

    Bill123 Active Member

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    And as of safe environment it's not safe back at her house her dads a alcoholic and so is my mrs.
     
  10. Bill123

    Bill123 Active Member

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    first of all the kid getting education in Australia is a lot better than macedonia there is no education there he will grow up there with no future no goals in life I no I see all my family and friends that live there and have nothing going for them
     

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