Full Custody No Visitation

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
19 January 2018
3
0
1
Hi,
I am preparing myself to apply for full custody of our 2 children. My ex has never had the children on his own. He has insisted that I am present during his time with the children in the past 6years. He has in the last few years been abusive towards me, and in the last 18months has been using this time to assault me in any way he can rather than spending time with the children. An AVO is in place, he is facing criminal charges for threatening to kill me by holding a knife to my throat. Police have all the messages between us two, where he is constantly telling me I am 'his' and if I were to ever move on and 'cheat', he would kill me. He has a colourful history including 6 months jail for threatening to kill an officer. I have always encouraged for him to spend time with the children and be a good father, never talk badly about him. But after the last 18months of escalating abuse, not only to me but our children, I have decided enough is enough. My psychologist says he has Antisocial Personality Disorder and a risk not only to me but the children. We are in a safe house and the children had to leave their school and be placed into a new one. DV staff and children's services are all worried about him finding us and acting out the threats he has been making. I honestly have so much against him, no magistrate would hand the children over to him, even if it is supervised. He would not like a supervisor telling him not to grab his child, or ask inappropriate questions, he would be a risk to them. Basically, my question is...does he still have a chance at visitation?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Of course he does.

He has a right to contest your application for sole parental responsibility and no care time, and that means he has a chance of getting parenting orders that do facilitate him seeing the kids because nobody here can predict what the Court will decide in your matter.

You will need to successfully argue that what you're seeking is in the best interests of the children.

There are free women's legal services and Legal Aid which may be able to represent you free of charge. I suggest you start with legal advice and go from there.
 
19 January 2018
3
0
1
Of course he does.

He has a right to contest your application for sole parental responsibility and no care time, and that means he has a chance of getting parenting orders that do facilitate him seeing the kids because nobody here can predict what the Court will decide in your matter.

You will need to successfully argue that what you're seeking is in the best interests of the children.

There are free women's legal services and Legal Aid which may be able to represent you free of charge. I suggest you start with legal advice and go from there.

Thanks so much for your reply. I have been approved of legal aid and have several services willing to help me get a good case happening.