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WA Father Wants Sole Custody of Children - Any Help?

Discussion in 'Family Law Forum' started by Antony, 17 May 2016.

  1. Antony

    Antony Member

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    Hello everyone,

    I am looking at going full custody of children. I am a Father of two, a 9-year-old girl and a 6-year-old boy. I do not want to restrict the ex in any way to see the kids but want the kids in my care full time. At the moment, they are in my care full time but it's not a written custody order and just verbal with the ex.

    Back to the beginning.

    We were together for 8 years, married for 4 months - I found her cheating so removed her from the picture. Had full custody of the kids for 1 year, then started shared responsibilities. This was working for another year, was going well until 4 months ago. The kids were at mine for 2 weeks during the school holidays. When they went back to their mum's there was an incident where she was injured by her new husband. Kids rang very distressed at 8pm.

    I went picked up the kids and removed them from the situation, the domestic abuse/verbal abuse was going on for many months beforehand but nothing could be done because it was just hearsay and no evidence of it happening (legally obtained or from the grapevine). I now have substantial evidence, But I don't really want to use it.

    Basically, I want to obtain full guardianship legally and would like to know if anyone else knows any other father who is going through it or gone through it or can give me any help as I file for the paperwork. I don't want to stand in front of a Judge or anyone with power and belittle their mother. It's not me and I don't believe it would work. I just want to know what information I need to help me.

    I also don't have the funds for a Lawyer so I'm doing this all on my own and have all year to build up the paperwork and do it. We have a written agreement between us which is a Parenting Plan.

    Thank you for reading. I do appreciate it.
     
  2. AllForHer

    AllForHer Well-Known Member

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    If you have a parenting plan, and you're happy with the parenting plan, then you can file it with the court as consent orders.

    Alternatively, I'm not exactly clear on what you're after here. Have you discussed what you want with the mother? Is she open to it or not?
     
  3. Antony

    Antony Member

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    My apologies. I want to take them out of their mothers hostile environment. The domestic abuse she recieves (I have tried to help her but to no avail, she still wont' leave), so I want to take full custody of the kids so they are not around that behaviour and think that it is normal or be caught again in the middle of a fight and see their mum in the state she was in.

    I have a parenting plan and it works but the kids are still subjected to the abuse. There is no way she will renegotiate as it took me nearly 1 year and 2.5g to get the parenting plan in place. Just want to know if anyone else has been in this position as im the father and want the custody and would like to see how much of a fight i have in front of me.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay, so...bad news is that without the mother's agreement for a new parenting plan, you're not going to get full custody without going to Court.

    Likelihood of getting full custody through Court is an unknown. I'm aware of maybe one case in the past two years where the Court ordered a change in residency because of an abusive partner. The more common outcome is an injunction that restrains the parents from bringing the children into contact with the abusive partner. One husband was even ordered to move out of the wife's house for the weeks when the children were in her care. If the kids themselves haven't been abused, it significantly reduces the impact of your case.

    So, the fight? If it ends up going to trial - most cases don't - you're looking at about 2-3 years before final orders are made. Most cases, however, are resolved by consent.

    The alternative to Court for now, at least, is to contact DHS every time there is an incident, or if the kids contact you in distress, send the police over to their house for a welfare check before going there yourself, so the police can file a report and perhaps file an AVO that names the kids as associated parties.

    If you are looking at Court, I am happy to provide more information about that path, too.
     
  5. sammy01

    sammy01 Well-Known Member

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    you're not gonna get it. NO CHANCE. Not without a very good solicitor and barrister.
    So what can you do? Refuse to grant the kids access. BUT what if she just picks them up from school???? Maybe speak to the cops about getting an avo against the new hubby on the grounds that the kids have been intimidated by his behaviour. BUT they would have to make statements...

    Maybe let it be for a while. Maybe it was a one off. BUT if the kids are exposed to more violence speak to the school counsellor about your concerns
     

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