VIC Separated from Alcoholic Husband with Legal Aid - Help?

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Ewya

Member
3 August 2019
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0
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Hey, I’m wanting some help, please. I separated from my husband in Nov 2018 (married since 2005) with my 12-year-old son & moved interstate to be with family for support. Ex is an alcoholic & I could no longer put up with the emotional & mental abuse towards myself & my son.

Ex also has a sex addiction, so life was pretty bad to the point my son was not attending school for the last 3-4 weeks before we relocated as he could not deal with the arguing every day & night. Son is not happy about moving interstate due to having to leave the town he grew up in, mates, school, etc & has since been diagnosed with severe depression & anxiety.

Many plans are in place for my son addressing these issues but he’s not going to school due to his depression & anxiety & wanting to go ‘home’ & be with his mates. Ex is now dealing with legal aid to get my son back to live with him. Is he able to do this or can he get family court orders to have my son taken away from me & move him back to where he calls home?
 

sammy01

Well-Known Member
27 September 2015
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720
2,894
He can apply to court. The courts can order the child be returned to dad, or that dad have some access to the child (school holidays) etc. The courts might not and could order something else. It is impossible to be able to tell you how your case will pan out.
 

Ewya

Member
3 August 2019
2
0
1
Thanks for replying sammy01. I’m going to also contact legal aid & see what my options are. I would consider moving back because I know that’s what my son would prefer but the ex is very nasty & it’s just not safe. We own a house that ex is living in & if we go back that is the only place we can stay in til I get a job & can afford to rent & I don’t want to put my son or myself through any more unnecessary trauma.