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Musashi

Active Member
25 May 2020
6
0
31
Hi All
In a nutshell requesting sole custody, does a Trial have to happen?
If yes, the trial is in 2 years from now 05/20
how much relevant history can be bought up against my partner to support my case?Do the Family Courts only consider the actions from when the trial date is set, or past history of the partner?
Can my Lawyer bring up negative past history regards my partner or only current actions?
Any advice is greatly appreciated, thank you.
 

Atticus

Well-Known Member
6 February 2019
1,061
168
2,394
In a nutshell requesting sole custody, does a Trial have to happen?
If you don't reach orders by consent, yes .... Sole custody is not a term used in family law any longer .... Very rare that a court would make an order that a child live 100% of the time with one parent & have no contact with the other parent.
how much relevant history can be bought up against my partner to support my case?
Give us a few examples of what relevant history you have, how long ago it was, & who it involved...
 

Musashi

Active Member
25 May 2020
6
0
31
If you don't reach orders by consent, yes .... Sole custody is not a term used in family law any longer .... Very rare that a court would make an order that a child live 100% of the time with one parent & have no contact with the other parent.

Give us a few examples of what relevant history you have, how long ago it was, & who it involved...
Long term use of drugs on partner's side, rehab 2x failed, refused hair focial testing through the courts but still wants to fight for part custody, children both 10yr old.
 

Atticus

Well-Known Member
6 February 2019
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refused hair focial testing through the courts
So it sounds like you already have a case filed & progressing & that drug use has been adressed in (I assume) interim orders?..... In that case, there is little point dragging up past events if the court has alreday acknowledged the issue & is taking steps to address it ..... If he is not submitting hair samples as per orders, then that will be his first battle (not yours)
 

Musashi

Active Member
25 May 2020
6
0
31
So it sounds like you already have a case filed & progressing & that drug use has been adressed in (I assume) interim orders?..... In that case, there is little point dragging up past events if the court has alreday acknowledged the issue & is taking steps to address it ..... If he is not submitting hair samples as per orders, then that will be his first battle (not yours)
 

Musashi

Active Member
25 May 2020
6
0
31
I never want to experience this type of stress ever again, not over yet either!
I thank you for your time
 

Musashi

Active Member
25 May 2020
6
0
31
The situation has now moved to supervised visitation by the Judge (Family Law Melbourne) what happens if I don't sign the paperswork for this to happen?
My children aren't interested at all with their father, both under 10 yrs of age. It's taken a year to reassure they don't have to be subjected to him, now there's a possibility of supervised visitation by the courts!
 

Atticus

Well-Known Member
6 February 2019
1,061
168
2,394
The situation has now moved to supervised visitation by the Judge (Family Law Melbourne) what happens if I don't sign the paperswork for this to happen?
You will be in contempt of court
 

sammy01

Well-Known Member
27 September 2015
4,163
595
2,894
You want to follow court orders. In fact I'd go one step further - They are court orders. YOU MUST follow them. The courts can imprison people who refuse to follow family court orders and your risking the court removing the kids from your care