LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Custody of Children - Mother Confirmed of Dealing Drugs - What to Do?

Discussion in 'Family Law Forum' started by Amberjv79, 13 January 2016.

  1. Amberjv79

    Amberjv79 Member

    Joined:
    1 November 2015
    Messages:
    4
    Likes Received:
    0
    I have a dilemma.

    My partner and I have shared care parenting order on an interim basis for his 2 boys until our next hearing at family court (we are going for full custody of children). We have recently found out over the weekend that what we thought has been happening with the mother (an illicit drug user and drugs dealer) is now confirmed after she was raided and charged.

    Now today is the changeover and we are not prepared to hand the boys over as that would be negligent on our behalf knowing the environment they would be going into now that it is comfirmed.
    Our lawyer isn't really helping much and we had hoped she could give us definite answers as to where we stand legally under Family Law.

    We have contacted child protection but they said as the boys are in our care at the moment there's nothing to investigate, even though we informed them we have to hand them over this afternoon as per orders.

    If someone could give me some help, that would be greatly appreciated.

    Thank you.
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,043
    Likes Received:
    123
    Okay, so you've made the decision not to return the kids. Look this will pan out in one of two ways:

    1. It will help your cause as long as the magistrate accepts that it was a dangerous environment for the kids. BTW, do you know what sort of drugs?

    2. You will be seen as not co-operatively co-parenting and deliberately trying to find excuses to keep the kids away from mum and that will not be good.

    Which one will happen? No idea. But you've done what you believe to be right.
     
  3. Amberjv79

    Amberjv79 Member

    Joined:
    1 November 2015
    Messages:
    4
    Likes Received:
    0
    Thank you.

    Yes, she is using/abusing ice and we haven't had any proof until now as she has been raided and charged with such. We also have had her former housemate come forward with evidence given to our lawyer about how she neglects the boys. E.g. Not feeding them. Isolating herself in her room for hours on end.

    Now that we are aware of this as well, we can't put them in that situation again. Since posting this earlier, I have spoken to police and made them aware of the situation and they advised us not to hand them over. So now, I guess it's a waiting game for the repercussions of doing so.

    I'm preparing for her to come to our house even though there is an IVO in place, so it will sort itself soon and no doubt we will be back in court. As long as we are protecting the boys, then if there are consequences for these actions, I'm prepared to deal with that when the time comes.

    Thanks again
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Why not file an application in a case seeking to urgently amend the existing interim orders?

    Perhaps you could consider informing her lawyer that in the circumstances, on the advice of police, and for the safety of the children, they will not be spending time with their mother at her house, but you are willing to negotiate an outcome in which the mother spends time with the children in supervised conditions, such as at a contact centre.
     

Share This Page

Loading...