Ive just been offered social housing (which i very much need), but it would be 5 hours drive from where my childrens father lives. The social housing list where I am living currently, and so is he, is extremely long (like years and years), and ive been advised to snap up this offer by social workers. He would NEVER agree to the relocation, and he is very wealthy and would fight me all the way. He fights about everything, and enjoys it, so I know without doubt he would contest. And there is no way I can wait for the 12-18 months to get the courts to approve, as obviously I would miss out on this opportunity and Im at real risk of homelessness again if I don't take up this offer, but I wonder how I stand legally, and if he got a relocation order they would just return them to him (which would NOT be at all in their best interests).
Background:
So, I left my ex-husband 2.5 years ago due to DV (he has past DVOs). I didn't get legal advice at the time (stupid I know but I just was desperate to leave and I was severely depressed). I left the family home and took the kids and moved into a private rental that they then didn't renew lease, so I was on the brink of homelessness. Due to my children's disabilities, the history of DV, and the homelessness, I was provided with transitional social housing. I didn't get much money at all from our settlement because I was so scared of him, he made lots of threats about getting custody of the kids etc, he bullied me to sign what he wanted financially - which was most of the assets, so I ended up with about 30%. This all was spent on that first year in a private rental. He initially had 40% care of the kids for the first year, but since then I have had 100 % care of the children. He sees the younger two for a few hours most Saturdays.
The kids are 19, 18, 11, and 9. The 18 and 11 year old have severe special needs - my 18 year old will never be able to live independently from me, and they both have a team of specialists. I have NDIS package for those two. Im considered high need for social housing due to being only on a carers pension, and the severity of the kids disabilities. Im on a list for social housing here but on the Sunshine Coast its YEARS long, they encouraged me to get onto lists for up North, and one has now come up.
My current transitional housing is up in 6 months. I really don't know what to do? They love their father, and he loves them. I don't want to move away, but otherwise we are in real danger of homelessness.
What would a court do if I took this offer and then he applied for a recovery order....they simply couldn't return the children to him because he doesn't have the capacity to look after them. Its a s**t situation. He works full-time for a start - and they homeschool and have multiple health practictioner appts, tutors, OTs etc and support workers who come almost daily to our house that I facilitate.
Background:
So, I left my ex-husband 2.5 years ago due to DV (he has past DVOs). I didn't get legal advice at the time (stupid I know but I just was desperate to leave and I was severely depressed). I left the family home and took the kids and moved into a private rental that they then didn't renew lease, so I was on the brink of homelessness. Due to my children's disabilities, the history of DV, and the homelessness, I was provided with transitional social housing. I didn't get much money at all from our settlement because I was so scared of him, he made lots of threats about getting custody of the kids etc, he bullied me to sign what he wanted financially - which was most of the assets, so I ended up with about 30%. This all was spent on that first year in a private rental. He initially had 40% care of the kids for the first year, but since then I have had 100 % care of the children. He sees the younger two for a few hours most Saturdays.
The kids are 19, 18, 11, and 9. The 18 and 11 year old have severe special needs - my 18 year old will never be able to live independently from me, and they both have a team of specialists. I have NDIS package for those two. Im considered high need for social housing due to being only on a carers pension, and the severity of the kids disabilities. Im on a list for social housing here but on the Sunshine Coast its YEARS long, they encouraged me to get onto lists for up North, and one has now come up.
My current transitional housing is up in 6 months. I really don't know what to do? They love their father, and he loves them. I don't want to move away, but otherwise we are in real danger of homelessness.
What would a court do if I took this offer and then he applied for a recovery order....they simply couldn't return the children to him because he doesn't have the capacity to look after them. Its a s**t situation. He works full-time for a start - and they homeschool and have multiple health practictioner appts, tutors, OTs etc and support workers who come almost daily to our house that I facilitate.
