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NSW Ex in Jail - Chances of Getting Full Custody of Children?

Discussion in 'Family Law Forum' started by CassandraLeaa, 30 September 2016.

  1. CassandraLeaa

    CassandraLeaa Member

    30 September 2016
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    At the moment, my son is 15 months old. He has never met his father as I left him due to domestic violence when I was pregnant. I am looking to apply for full custody of children as his father is currently in jail, though, I recently received a letter from him saying when he gets out he is going to take me to court.

    When he was out of jail, he only ever called once to meet his son and we set a date. The following week, though, I didn't hear from him for 3 weeks after that and his excuse was he ripped someone off $25000 and they kidnapped him. I'm not sure if that incident was reported to the police but, obviously, I don't want my son near anything like that.

    When me and him were together we both use to smoke methamphetamine together, though when I found out I was pregnant and left him, I completely stopped and was completely upfront about everything with my midwifes and on my weekly pregnancy check up. They would drug test me and obviously they were all clean, and that is all he has to say bad about me to the judge if he does take me to family court.

    I still have every text message from when I was pregnant and after I had left him telling me that he is going to kill me and my son and all things like that. When I was 16 weeks pregnant, I was still with him when he threw a TV stand at me, which I ended up having to go to the hospital that night for stitches. The police were called by neighbours as they could hear me screaming out for help but when the police got there, I just said we were just arguing and everything was fine. Then as soon as the police left, I drove to the hospital to get the stitches, so either way, they would both be on police file that they came because someone was screaming out for help, and then less then an hour later, I was at the hospital getting stitches.

    After that I left him and cleaned my life up but he didn't, hence him currently being in jail. I want to get full custody of my son because It makes me sick even the thought of him having rights to take my son as there is no order in place. Like in my head, I think people are out kidnapping him and everything else and imagine if my son is with him and anything like that happens, and not only other people but himself as well. He is a violent person that use to say he was going to kill me and my son and I'd never forgive myself if he ever did hurt my son.

    I just want to know, what do you think will happen if I do go for full custody of children (like will it be granted) and how do I go about it? From the letter his father sent me from the jail, he said he gets out in December so I need to get onto this as soon as possible.

    Due to the domestic violence and everything else as I want nothing at all to do with him I didn't get his name put on my sons birth certificate. I'm happy if it does go ahead for the judge to approve supervised visits as I do think my son should know his dad, but like I said, the thought of unsupervised visits scares me, not only for my son's safety but my personal safety also.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    This is a really difficult matter to give guidance on, so I really strongly urge you to speak to a lawyer. Legal Aid offers free consultations for family law matters, so take advantage of their services and get some proper legal advice.
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  3. running

    running Well-Known Member

    13 March 2016
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    You can also ring the Women's legal service for your state to get phone advice. But definitely apply for legal aid.

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