WA How much weight is given to psychological abuse in custody

[Lauraq]

I separated from my partner 2 years ago. He was physically abusive but I never reported the abuse.

For the first year after separating I allowed him inside my home and he didn't take the kids back to his home often. The abuse continued so I stopped letting him in the home. He then started taking the kids more and on average takes them 2 to 3 nights per week.

I am hoping to ask for 2 half days per week and no nights. The reason is he is emotionally abusive. Some examples are
: Prevents my son attending counselling by telling him only faggots talk about their feelings
: if my kids ask to go back to my house they are called sooks
: he pits one child against the other
: he taunts one child and encourages the other child to join in
: teases 12 yr old daughter about puberty
: tells my daughter girls who wear makeup are whores

He has a past history of physically and emotionally abusing his adult daughter from another relationship

Would a magistrate consider reducing his current pattern of taking kids overnight?

 

[AllForHer]

So, does that kind of behaviour only occur at night, does it?

 

[Lauraq]

So, does that kind of behaviour only occur at night, does it?

I see what your saying. My point is the longer period they spend there, the more he gets bored and irritated and begins taunting etc

 

[AllForHer]

Okay.

So, if the only evidence you really have of what's been going on is maybe what the kids have told you, that would be hear-say evidence, which isn't entertained in Court. If you've observed the behaviour yourself, then include it in your affidavit, certainly, but you will most likely need other evidence of dad's behaviour and its impact on the kids to persuade the Court that it's not in the best interests of the kids to spend overnights with their father. The best way to do this is to seek an order for a family report to be completed, which is where a Court-appointed expert witness interviews you, dad and the kids to ascertain the nature of the relationship between the parents and kids, and identify any views the kids might have about their living arrangements.

But there's a pretty good chance that the kids are going to get overnights with their dad regardless, since that's been the pattern of care for the past 12 months. Kids have a right to a relationship with both parents, even if one of those parents has a less than stellar personality and wildly sexist beliefs.

 

[Lauraq]

If emails are admissible I have emails saying he will tease my son and make him feel bad if he goes to counselling. Also a multitude of emails regarding his thoughts on women being sluts and threats if my daughter wears nail polish. As well as threats of violence and breaching any court order given as courts can't police them. I understand it is heresay when my daughter says she's worthless and wishes she could kill herself. This isn't a case of wanting to keep a father away from his kids. My daughter doesn't want to sleep there.

So should I request this family report order in the initial papers I file?

 

[AllForHer]

Yes, you should annexe those e-mails to your affidavit, but just don't expect them to compel the Court to refuse overnight time. The Court might be more likely to make dad attend anger management or parenting courses than change the routine that's been in place for so long.

You can request a family report as part of your interim orders.

 

[Nonfiction]

As AllForHer has alluded to, you will likely encounter some difficulties in trying to persuade the Court that the children should not spend overnight time with their father, especially when your position is that the children are safe with dad during the day.

When/if the matter goes to Court, it is more than likely you will be required to attend a Case Assessment Conference. I believe this is quite standard practice in the Family Court if WA.