Hello,
I was in a de facto relationship for 4 years with my ex-partner during the course of the relationship we had two children. We lived in Qld, we wrote an agreement signed by a JP to allow me to move interstate after separation to WA to stay with my parents.
I ended the relationship as he was neglecting the kids, mentally abusing me and there were times where he would damage property in fits of rage. He bit our son and would discipline our daughter by smacking her in the back of the head, until I became aware of him doing it and made him stop. He had a drug addiction and mental health issues.
He was also allowing his brother, who had committed a child sex offence when he was a teenager, to see kids while I was at work against my consent. I believed it to be in the best interest of the children to remove them from this environment.
They are now happy and thriving, but I wish to make this legal and a permanent living arrangement. The kids have FaceTime contact with their father once a week. I have kept it civil with him as he says he wants to change to be apart of our lives. But after I reminded him just forgot the kids' birthdays.
It has been 6 months. He is not adhering to the agreement stipulations, as to attending counselling, etc
My question is, what do I have to do to obtain custody of children?
I only have the mutual agreement on which he admitted to neglecting the kids and putting me though mental abuse and I have an exemption from child support so I receive no maintenance from him.
Sorry for lengthy post.
Thank you.
I was in a de facto relationship for 4 years with my ex-partner during the course of the relationship we had two children. We lived in Qld, we wrote an agreement signed by a JP to allow me to move interstate after separation to WA to stay with my parents.
I ended the relationship as he was neglecting the kids, mentally abusing me and there were times where he would damage property in fits of rage. He bit our son and would discipline our daughter by smacking her in the back of the head, until I became aware of him doing it and made him stop. He had a drug addiction and mental health issues.
He was also allowing his brother, who had committed a child sex offence when he was a teenager, to see kids while I was at work against my consent. I believed it to be in the best interest of the children to remove them from this environment.
They are now happy and thriving, but I wish to make this legal and a permanent living arrangement. The kids have FaceTime contact with their father once a week. I have kept it civil with him as he says he wants to change to be apart of our lives. But after I reminded him just forgot the kids' birthdays.
It has been 6 months. He is not adhering to the agreement stipulations, as to attending counselling, etc
My question is, what do I have to do to obtain custody of children?
I only have the mutual agreement on which he admitted to neglecting the kids and putting me though mental abuse and I have an exemption from child support so I receive no maintenance from him.
Sorry for lengthy post.
Thank you.