QLD Help re family violence

Discussion in 'Family Law Forum' started by algebra07, 18 September 2019.

  1. algebra07

    algebra07 Active Member

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    Background, separated for 4 years, 4 children ex has drug addiction to crystal meth , MDMA, ecstacy and alcohol problems. Failed a drug test last year lost all visitation for 2 months then passed a drug test and got 3 nights a week back with no further drug testing. Was in a DV relationship for 2 years police called to house numerous times while children present and witness to physical and verbal violence. Has been violent towards children numerous times. Has been violent towards myself and partner and as a result police placed a DV order on him, police also placed another DV order on him to protect his ex, he is in a new relationship for 1 year, all seemed to be ok hasn't hurt the little kids has had one incident with oldest all recorded on a phone that he pushed the door into him and called him a cu*t and told him to f off in front of younger kids. Is awful to his stepson tells him to shut the f up or tells his new girlfriend she better shut him up. Found out that he assaulted the new GF a few months ago got arrested and another DV order was put on him by police also got done for a DV breach. Then just recently the new gf got arrested for assault and property damage at his house. I fear he is using drugs again and only a matter of time before it happens when kids are around. He has threatened to kill my new partner and even to kill himself all to the kids. Do I just sit tight and wait to see if anything happens in front of my children or do something about it?
     
  2. sammy01

    sammy01 Well-Known Member

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    how often does dad spend time with the kids?
     
  3. algebra07

    algebra07 Active Member

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    5-6 nights a fortnight and 4 weeks of school holidays.
     
  4. Tremaine

    Tremaine Well-Known Member

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    And that’s in orders, those 5 to 6 nights a fortnight and 4 weeks of holidays?
     
  5. Snapchat07

    Snapchat07 Well-Known Member

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  6. Philly2020

    Philly2020 Well-Known Member

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    Perhaps this will be an unpopular opinion, but id strongly recommend withholding the children. There are very few reasons a court would agree on contravening orders however 'reasonable cause' is considered. To me, it sounds you have reasonable cause and the children are being exposed to a multitude of risks, physical and psychological.

    Personally, I wouldn't send them back and either wait until the father files a contravention (if using drugs, unlikely) or apply to have the orders amended yourself. At the end of the day, as their mother you are responsible for their safety, and if your concerns are warranted and can be proven (you're not speculating and through subpoenas could provide police docs regarding assaults/drug use) I think the court would agree you were acting in the best interests of the children.
     
  7. algebra07

    algebra07 Active Member

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    Thankyou I appreciate your response, I have withheld them for 5 months previously when I had concrete proof of drugs but his rich family paid for best barrister in qld and he got off drugs for long enough to pass a drug test he did however fail the next one as he thought he was out of the woods after the first one so resumed doing drugs. I have no evidence of drug use this time only of assaults on each other (him and gf) He makes Life as difficult for me as he can and blames everyone but himself for all his life problems. He committed perjury in court last year judge just threatened to refer him for charges but didn’t, he committed fraud and got caught, he got caught stealing from his work they just take money from his pay each week he gets away with so much. There is nothing major happening with kids in his care at the moment other than witnessing the way he treats stepson my worry is when he snaps again I think I probably need legal advice, one of the kids sees a psychologist weekly for severe anxiety all stemming from his dad. I have to keep it a secret or he would stop the visits. The drugs have caused irreversible damage to his brain and even his girlfriend has admitted he has serious anger problems. I don’t want my children to not see him I just wish his rich family would have got him the help he needs rather than turn on me. He has never gone to rehab or done anger management or anything so the problems are all still there. (Clearly or there wouldn’t be assault charges in his current relationship). The family court has been a big let down we did a child inclusive conference and children told of abuse ect and it was recommended they get a lawyer and we do a family report but no matter how many times I requested we got neither. I was self represented. Then we got a new judge and they reinstated all orders and encouraged the other party to seek costs against me if I didn’t withdraw. It was the hardest time of my life. I could never get a word in was always talked over and they are always in such a hurry and don’t ever read your affidavits.
    Thanks for taking the time to read QUOTE="Philly2020, post: 79839, member: 19977"]Perhaps this will be an unpopular opinion, but id strongly recommend withholding the children. There are very few reasons a court would agree on contravening orders however 'reasonable cause' is considered. To me, it sounds you have reasonable cause and the children are being exposed to a multitude of risks, physical and psychological.

    Personally, I wouldn't send them back and either wait until the father files a contravention (if using drugs, unlikely) or apply to have the orders amended yourself. At the end of the day, as their mother you are responsible for their safety, and if your concerns are warranted and can be proven (you're not speculating and through subpoenas could provide police docs regarding assaults/drug use) I think the court would agree you were acting in the best interests of the children.[/QUOTE]
     
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