VIC Family Law - How to Get More Access to Child?

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forgot

Member
29 January 2017
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My friend has been rolled over, big time. Husband walked out of family 3.5 years after 1 of thier twins died at 2 weeks old (knew death was gonna happen due to medical problems prior to birth). The couple have been together since they were teens, which would be around a 20-year relationship. Married for about 14 years. No other children involved.

Husband took the child to swim lessons on a Sunday.morning as usual. Said, "bye and I will bring back some bread" to his wife. 1 hour later, the wife's mum shows up and says to her daughter, Your husband asked me to bring you this envelope. She opens it and there are statements and all sorts.

The husband has gone to the police and told them some story. This all happened 6 -7 months ago. Husband said she was using heroin. In fact, she had a bad cold about a year ago and couldn't shake it. Husband started getting her Nurofin and kept telling her to take it. Hence codeine in the urine shows as opiate. Then he said to cops he's worried for kid's safety/she on drugs, etc.

He was doing heaps more drug s**t than she has ever done. She is clean and you would not find a syearinge mark on her. She hates needles. May have a taken on a joint once in a while, but that's it. Both parents drink in moderation, and ice is not involved with either of them.

The wife had a hard time in dealing with the loss and was taking medication as directed by doctors for 2 years after to deal with the physiological effects of the loss of the other twin. This seemed to suit the husband, so as not to affect his downtime activities and I believe that he purposely tried to get her hooked on medication to carry out his agenda.

She signed documents in that she believed were for sale of the house while a courier was waiting to take them back. She didn't notice that the docs had changed and she can only see her kid for an hour a week. The husband rang her while she was looking at the documents and told her to hurry the F___ up, as the courier was waiting to return them.

The husband is present during the visit and will not let the child spend any time alone. (I'm guessing it's some sort of a supervised visit) But how can he be the supervisor and be the ex partner (unless she's agreed, maybe)?

After separation, child visitation timeslots were agreed. Visitation was to be 2 days a week, 1 day for an hour and other day a couple hours. She talks on the phone to her son every night for a few minutes most days. She has concerns of his welfare after talking to him. She refrained in her response back to him knowing that the husband is listening to every word and reassured him that everything is ok.

Visitation has ceased for 1 of those days over that phone call from husband telling her so. She has been told today while having a supervised visit that he will be audio recording everything she says to her child.

He had already met another girl and kept it very quiet and is engaged to her, but does not want a divorce from my friend. I think that he has totally screwed her over psychologically and continues his mental abuse through threats of repercussion, using the visits to child as a bait.

What should my friend do to get more access to her kids under family law?
 

Lance

Well-Known Member
31 October 2015
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Hi,

That's a really complex and sad situation. Your friend needs a good family lawyer. Signing documents under pressure without reading them, I'm not sure, there might be something that can be done but if it was some time ago maybe not.

It all sort of supports mental health / drug related issues, which isn't good. Your friend can apply to the court to change parenting orders, but again I really thin k your friend needs to speak with a family lawyer. Your friend shouldn't be afraid to discuss post natal depression as a reason for mistakenly signing documents.
 

forgot

Member
29 January 2017
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I am/was a close friend of both the husband and wife. and found it strange that I could not contact him. And She just assumed that I knew all about it.(being a friend of her husband) Until I spoke to her just prior to X-mas and found out about this situation. She's scared to do anything at all. She is not on any drugs.

Every time she tells me what's going on or things in the past I just think mental abuse. I tell her that and she says, that she's not going to say that because he will have it covered somehow.
 

Migz

Well-Known Member
20 November 2016
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719
Ok,

1. Are there any parenting plans in place?

2. Are there any court orders inplace?

3. Have they been to Family Court at all?

4. Have they been to mediation through Relationships Australia?

5. Don't mention that she took Nurofen, and has shown up with codeine in her system...Nurofen doesn't contain codeine. It's active ingredient is ibuprofen.


Cheers
 

AllForHer

Well-Known Member
23 July 2014
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Sounds like dad might also have a story to tell.

The agreement that the mother signed, was it filed with the Court?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
A case for signing under duress may be be possible but it will take court time to undo the mess she is in.
 
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