VIC Ex partner issues. House a mess and when hungover she falls asleep.

[Farlos]

I have been split with my ex for 7 months now we have 3 boys 5, 2 and 1. The 5 yo keeps telling me that he wants to live with me and the 2 hates going back to his mum. I tell him that we're going back to mummies and he starts screaming no no I don't want to. When I finally drop him off he screams and tries to run away from her. Her house always has food on the floor and mice running round but she lets the 1 yo eat the food of the floor. She gets drunk every weekend that I have them and forgets to ring them and when we were together she would always fall asleep after getting drunk. Last time she got drunk I offered to watch our sons at her place since it was her day with them. She agreed and asked me to come down straight away. It took 10 minutes to walk there. When I arrive the front door was wide open and she was asleep on the couch. My 1 yo was eating something off the floor and the 2 and 5 yo were climbing onto the tv cabinet and the mantle piece. She didn't wake up when I walked in or said hello to my boys. I started banging stuff around in the kitchen with the boys and it took about 5 minutes of this for her to wake up. Also 1 month after our breakup I noticed that she had not changed my 2 yo sheets since I left. This went on for a while. About 3 months later I had to go down to help her fix a window that she couldn't lock and noticed the same sheets on the bed looking mildew, where his head would be so I said something to her and she told me it's not up to me to pick faults in her house and that she did change the sheets regularly even tho there was clearly mildew on them and what looked like mild spots. What legal action can I take with this? I have contacted dhs over it and they said I can stop her taking the kids if her house is a pigsty but I've given her the chance to clean it up. If it goes back to the same state can I do anything about it.

 

[sammy01]

what sort of time are you spending with the kids?
Would you take them fulltime?
have you done mediation? do you have court orders?

Taking the kids and not returning them is not a great idea... IF she gets her hands on the kids by picking them up at school or what ever.. How do you get them back?

I think you're really gonna need legal advice from a solicitor.

 

[Rod]

1. Write down everything you remember (saw and heard yourself), the dates and location.
2. Apply to the Federal Circuit Court for parenting orders. Your affidavit to the court will detail everything you wrote down from step 1. If you can't afford a lawyer arrange time to go to your local community legal centre and obtain advice/assistance from them.

 

[Clancy]

There is a big difference between a messy house and an unsanitary house.... my house is always messy, but leaving food to rot on the floor? Who the hell does that?
But i am not sure i can believe that part of your story? Kids get tummy aches fairly easy if they eat the wrong things, if your kids never have tummy aches then......??

 

[Farlos]

I've been to mediation, which they tried to pick where I live and who I have to live with. Basically my ex and the mediation lady made up their minds of what I would be allowed I had no say. Seen a lawyer over this. I see my 5yo twice a week my 3yo 3 times a week and my 1yo once a week. My boys are always sick with upset stomachs