WA Sole custody issue that involes mental health

[Jlee]

Hi, I am hoping for some help and advice regarding my rights and what my chances are of obtaining sole custody of my two children. Three years ago me and my ex broke up due to many reasons but mainly because of his mental health he has bipolar and over the years it has got so severe that he has his.medication administred by his doctor and he has multiple stays in the psychiatric hospital over the past few years. He was always a good father up until our break up but all of a sudden he became a completely different person he started hanging out with druggies and smoking marijuana and it got to the point where he was smoking it while looking after the kids so I told him that he wasn't aloud to have the kids until he turned his life around. This aggravated him and he came to my house demanding to see the kids when I said no he went ahead and smashed my car with his multiple time while I tried to stop him the kids were watching through the window which caused them fear. After that I for him charged for damages and applied for a VRO because I didn't feel safe around him so the courts granted it with the condition of him being able to call regarding the children to see them and talk to them but nothing else I am not the only one who got a VRO out against him.his own father also didnt feel safe around him. Since getting the past year has been pretty quiet from his end, a few phone calls and some chats in the street when walking by but no real effort. Here's my concern I am hoping to move state later in the year for a fresh start but once I asked my ex for permission to move he all of a sudden wanted access to the kids. I have concerns about letting him see them as he might be a danger to them and his living situation is far from clean and child friendly my question is if I go through the process of sole.custody what's the likely hood of getting custody?
Thanks

 

[AllForHer]

What's the likelihood of getting sole custody? Probably nearly zero.

First, it's not a common outcome.

Second, he hasn't directly hurt the kids.

Third, the Court is probably going to be lenient with the car thing. For some reason, mothers think they can go 'all mama bear' on anyone who steps on their toes as parents, but seem to think fathers won't or shouldn't do the same when they're told they can't see their kids anymore. Society thinks that's just fine, but the Court doesn't.

Fourth, the Court will see the medication and stays in hospital as awareness and treatment for his mental condition, which is a good thing. The marijuana use would require some evidence beyond hearsay, and even then, the Court would probably just order drug tests and place an injunction on consuming drugs or alcohol during his time with the kids.

Fifth, your unilateral decision to oust dad from the kids' lives is incontrovertible proof that you can't support or encourage the kids' relationship with dad, which is solid grounds to argue against relocation and sole parental responsibility.

But, alas, there are no court orders as yet, so you can do whatever you want, including relocating. Dad can do the same.

 

[Jlee]

Thanks for your advice it goes a lot deeper than what I have stated above. I have always supported my children having a relationship with there father and have encouraged it up until the point where he was using drugs around them. As for his medication he has to have it administered by his doctor every two weeks because he refused to take it and ended up smashing up the mental health clinic in a fit of rage because he believed he was well enough not to take any form of medication. He was charged for the damages and then given a court order to go in every fortnight to get his injections otherwise his doctor will call the authorities and he will be sent back again to the psychiatric hospital. We went through the process of mediation already but nothing got resolved so I hoping that going through the courts may help our sitation even if it means we come do some kind of mutual agreement about our children.

 

[AllForHer]

I don't doubt that what you're saying is true.

The problem is that dad also has a story to tell, and the kids still have a right to have a meaningful relationship with him - even if he's mentally unwell and does recreational drugs from time to time. If the law said kids couldn't see their parents unless their parents were mentally fit and didn't use drugs, we'd have a very swollen foster care system and an awful lot of kids struggling to come to terms with the loss of their loved ones.

Will the Court help your situation? In the short-term, probably not, because Court is a competitive arena when parenting should be a co-operative one, but in the long-term, parenting orders do provide structure for your family. The biggest issue is that you never know what the outcome will be.

 

[Karen mcguane]

Allforher is right my daughter is in the family court now it's a complete joke I thought Kangaroo courts were finished with in the 1990s well guess again it's absolutely pathetic there is people lying and if I ever here the words again I swear I'll end up in a criminal court "In The Best Intrest Of The Child" now the biggest liar is the ICL lawyer and trust me don't ever get involved with a CCS called Relationship Australia they wouldn't know what the truth is if it hit them in the face there a piece of work now the family consultant he's running a close 3rd he is supposed to be at your side through out well no in a year my daughter has had a meeting once. I'm not sure if the acting magistrate isn't even on it. Totally Pathetic and Pointless don't even bother love I thank god everyday for the Attorney General in Queensland who has changed the family court by taking children out of it saying they are little human beings not property everything will be done through mediation by both parents till a decision is reached the first trial is in July 2018 and this is a massive win for the children in Queensland and I've heard Perth is next yay for Brandis x