QLD Ex attempted suicide should i keep the kids?

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collin

Member
4 June 2017
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My ex took out a DVO on me (which wasnt even properly served to me by the police) after i broke that DVO via texting her in anger over not seeing my kids she had me locked up in the police watch house. While i was in the watchhouse i got charged by the police for an alleged r**e offense which apparently happened 6 months prior. Now i am not a violent person and i have never raped her but 2 years later here i am. I have been through hell and back.

The DVO effectively stopped me from seeing my kids as we were separated that time and i unknowingly signed away a form giving her 100% custody of the kids. Apparently we were working on getting back together. And she basically told me that i was not to see anyone else..which i completely believed (i am a trusting person) but got upset when i found out she was seeing other men.

I have wisened up and played the patient keeping my cool game and things have turned around. Filed for custody of my kids etc. The truth has come around, her friends dont want anything to do with her, and she will be going back to court to be cross examined for her criminal allegations against me within the next month. adding to that i have got my kids 3 nights every alternate weekend and will be getting them 50/50 or even 100%.

No heres the catch. She attempted to commit suicide by swallowing tablets last week in the presence of the kids and no one not even her new partner or his family has told me even after i came into contact with them while she was admitted. The children are with me now and accourding to the family court order they go back to her on Monday (Today is sunday).

However given the recent event what are my options with regards to keeping my kids? Can i legally keep them and not have them go back? She is still at the mental ward on suicide watch and i am uncomfortable sending that back to be taken care of by her new partner or his family. I am more than able to look after my kids. Any advice would be appreciated thanks
 

sammy01

Well-Known Member
27 September 2015
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ok - so PROBLEM - Don't accept my advice... I am a mug punter... Don't accept anyone's advice here.. They are opinions. That is crucial... Look you could consider keeping them - you really need legal advice. BUT you're not gonna get that between now and when you're meant to return them...

Do you have contact details of the new partner? You could consider offering to keep the kids in the short term as you feel that is the best thing for them...

Mate you don't want to make a fight out of this... You drop the kids to school, for example, and the partner picks them up. IT becomes a fight...

look best thing you can do is write down the details of the consent orders... IS there anything in there about what to do if one parent cant comply with orders?
 

Rod

Lawyer
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27 May 2014
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Recommend you seek urgent orders from the Federal Circuit Court, change of circumstances - medical emergency and family abuse (ex taking overdose in front of kids is family abuse), asking for sole care for time being.

Chances are you will not be deemed to be withholding if the other party cannot accept care of the kids. But get real advice before acting on the withholding.

And ask for variation to final orders saying if medical emergencies happen in future you get to retain kids until ex is capable of caring for them again.
 

collin

Member
4 June 2017
4
0
1
Thanks guys there is nothing in there about what to do if one parent does not consent to the orders.

The orders were that the kid would be picked up after school on mondays by my ex . so what i will do now is to take my kids with me to see my lawyer first thing monday morning and see if we can get an urgent order thing going with the federal court. If the recommendation is to drop the kids back at school ill just have to drop them back to school later. That way i technically havent broke the existing order.

I did tell the poilce officer manning the desk at the local police station and he said keep the kids, and alot of my friends are saying the i am a legal guardian of the kids so i should be able to keep them...bloody confusing advice....but will leave it all until after i speak to my lawyer tommorow. Thanks again for the advice guys.
 

Rod

Lawyer
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27 May 2014
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Thanks guys there is nothing in there about what to do if one parent does not consent to the orders.

The bit about going to court covers what happens when there is no consent. The judge decides.

Police are not lawyers and while they might say what happens in practice, that doesn't necessarily make it legal. And if you'd seen a woman copper with 'history' you might have received a completely different answer.

Keep in mind there are only two people with parental responsibility - you and the mother. If the mother can't care for your kids, then it becomes your responsibility. You just need to ensure the court sees the circumstances as backing your view. Remember courts see a lot of dodgy behaviour and might have a hard time knowing if you fall into the category.