WA Is it possible to file for sole custody due to ongoing family violence, even if consent orders?

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Lillies18

Member
13 August 2018
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In a summary mother has child live with her full time & child spends some weekend and holiday time with the father. I've witnessed her endure years of abuse in relationship upon separation and she's had final vros approx 8 since 2009. She's also had 1 to cover their child upon separation. She has tried to do the right thing by allowing the child to spend time with her father, but it's been very traumatic for her and she's had many concerns of the childs wellbeing and also being placed in the cycle of abuse. My friend is a professional, and fantastic mother & has supported the child financially and gone through too much. She has been harassed, intimidated, had ongoing Vro and Family court proceedings, & I honestly believe she should of been awarded full custody upon separation due to the level of d.v. Can she finally get somewhere with a new lawyer after years of tolerating her abusive ex who simply uses systems to keep abusing her and ruin her life?
 

sammy01

Well-Known Member
27 September 2015
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So there are consent orders?
She would need to establish there are good grounds for them to be changed.
But - given she no longer lives with the dad, she should be looking at strategies to make things work. I know not easy... I had a phone and my ex had that number. I'd only turn it on when I wanted to call the ex or to check that the ex had not been trying to contact me. I had another phone for everyone else. That way I had some control and didn't get anxious everytime my phone rung.

Look, I don't think you're gonna get anywhere with solicitors. IF there was evidence the child was at risk, that is one thing.... BUT that is not the case from what you've written.
 

Lillies18

Member
13 August 2018
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0
1
There has been issues with Dcp, police needing to do welfare checks... child being withheld from the mother whilst breast feeding and older whilst parenting plans/ court orders. The father was on supervised care due to drug use and DV and vros to cover mother and child. There's been neglect issues and child is at risk, but mother seems to not be heard and supported and I'm aware she's done everything in her power for truth to be seen. She's spent thousands on lawyers, and was told she couldn't file full custody at start of trial so advised to agree to consent orders and less stress. Well from her best friend looking in this has been a living nightmare for her and her daughter and her ex has had too many rights. Our legal system needs to support women with genuine cases of f.dv and help them marry up vros to family court orders as perpetrators of abuse simply use family court to still abuse their victim. I'm sadden to see someone so close powerless and she's done nothing wrong, and feels unheard and supported.