Hi all,
I mainly have 3 questions to ask and I apologize in advance if the below story is long.
My wife and I are separating. We are both have Australian permanent residency. Our son was born in Australia and is an Australian citizen. He is 2.5 years old. My major concern is who will become our child's primary carer.
My wife and I are renting in a place and my wife will soon move to a new rental place in a different suburb. So I've decided to rent a place in that same suburb but not the same street, that way I can look after my son for at least 50% of the time.
Currently my son is being looked after by wife's parents in overseas. Even though both her and my parents live in the same city, her parents uses all kinds of excuses to stop my parents from seeing their grandson. Wife's mother will take our son back to Australia in Feb or March next year, after wife's settled down. But guaranteed the grandma will take the child directly from the airport to where my wife lives. Guaranteed they will refuse me from spending overnight with my son at my place.
The child has his rights to spend equal time with his parents.
My first question is, if my wife and her mother are not willing to negotiate, is there any way to force them to allow the child to spend half of his time with me?
Ultimately I don't with to become who the child communicate with. I wish to be child's primary carer and who he lives with. The reason is for the best of the Child. I have both the will and capacity, I have always been a responsible father. In contrast, my wife heavily relies on her mother to look after the child. Since our son was born, there' were only 6 months when wife's mother did not live with us. When wife's mother was here, it was me and her mother together to look after our son and her. When my wife's mother was not here, my wife wasn't a quite good to the child as a mother should.
During that 6 month period, at days I was away for work, my wife spent her time at home studying. She did not do much housework during the day and she neglected our son many times. For example, often as soon as I come home from work, I'd found the child being stinky, and he wore a super heavy and dirty nappy, many times I found those nappies were over 10 cm thick, sometimes even with poops. Who knows how many hours my wife had forgotten him.
At nights I did all the housework as well as looked after our son even after he sleeps. Many times I had to carry the child in a baby carrier to do housework while my wife rested on couch and watched TV. In the mean time, wife sometimes got moody. She pushed child to the wall, bitten the then under 1 year old on hands, and yelled at him such as "get away from me!" while I was in presence.
In other occasions my wife also smashed things at home, threatened several times to kill the dog I love very much, refused to talk to me and belittled me. I coped and coped and occasionally l felt that I've had enough and used strong voice object, such as "Enough!" or "Leave me alone", and tried to avoid her mental abuse by staying away from her at different room. My wife would likely use this to claim that I'm the one with domestic violence. Although I have never smashed anything, never physically hit anyone, and never threatened to kill anyone or anything.
When I got upset I wrote e-diaries or sent emails to my father about what my wife did to our son and me, about my frustration. I also took photos of those super heavy nappies, photos of me doing housework while carrying our son, and wife was watching TV, and photos of me doing shopping or playing outside with my son, all without my wife. I also have bank statements to show that I was the one who did everyday grocery shopping, 2 - 3 times a week.
My second and third question is, can the e-diaries, emails and photos be used as evidence to support me to be the primary carer, are they strong enough? When and how should I prepare the legal case if my wife won't negotiate (very likely won't) and we have to let the court to decide who becomes the primary carer?
Thank you very much for your reading.
I mainly have 3 questions to ask and I apologize in advance if the below story is long.
My wife and I are separating. We are both have Australian permanent residency. Our son was born in Australia and is an Australian citizen. He is 2.5 years old. My major concern is who will become our child's primary carer.
My wife and I are renting in a place and my wife will soon move to a new rental place in a different suburb. So I've decided to rent a place in that same suburb but not the same street, that way I can look after my son for at least 50% of the time.
Currently my son is being looked after by wife's parents in overseas. Even though both her and my parents live in the same city, her parents uses all kinds of excuses to stop my parents from seeing their grandson. Wife's mother will take our son back to Australia in Feb or March next year, after wife's settled down. But guaranteed the grandma will take the child directly from the airport to where my wife lives. Guaranteed they will refuse me from spending overnight with my son at my place.
The child has his rights to spend equal time with his parents.
My first question is, if my wife and her mother are not willing to negotiate, is there any way to force them to allow the child to spend half of his time with me?
Ultimately I don't with to become who the child communicate with. I wish to be child's primary carer and who he lives with. The reason is for the best of the Child. I have both the will and capacity, I have always been a responsible father. In contrast, my wife heavily relies on her mother to look after the child. Since our son was born, there' were only 6 months when wife's mother did not live with us. When wife's mother was here, it was me and her mother together to look after our son and her. When my wife's mother was not here, my wife wasn't a quite good to the child as a mother should.
During that 6 month period, at days I was away for work, my wife spent her time at home studying. She did not do much housework during the day and she neglected our son many times. For example, often as soon as I come home from work, I'd found the child being stinky, and he wore a super heavy and dirty nappy, many times I found those nappies were over 10 cm thick, sometimes even with poops. Who knows how many hours my wife had forgotten him.
At nights I did all the housework as well as looked after our son even after he sleeps. Many times I had to carry the child in a baby carrier to do housework while my wife rested on couch and watched TV. In the mean time, wife sometimes got moody. She pushed child to the wall, bitten the then under 1 year old on hands, and yelled at him such as "get away from me!" while I was in presence.
In other occasions my wife also smashed things at home, threatened several times to kill the dog I love very much, refused to talk to me and belittled me. I coped and coped and occasionally l felt that I've had enough and used strong voice object, such as "Enough!" or "Leave me alone", and tried to avoid her mental abuse by staying away from her at different room. My wife would likely use this to claim that I'm the one with domestic violence. Although I have never smashed anything, never physically hit anyone, and never threatened to kill anyone or anything.
When I got upset I wrote e-diaries or sent emails to my father about what my wife did to our son and me, about my frustration. I also took photos of those super heavy nappies, photos of me doing housework while carrying our son, and wife was watching TV, and photos of me doing shopping or playing outside with my son, all without my wife. I also have bank statements to show that I was the one who did everyday grocery shopping, 2 - 3 times a week.
My second and third question is, can the e-diaries, emails and photos be used as evidence to support me to be the primary carer, are they strong enough? When and how should I prepare the legal case if my wife won't negotiate (very likely won't) and we have to let the court to decide who becomes the primary carer?
Thank you very much for your reading.
