My ex-partner and I have one child (5 years old).
Throughout our separation, I pleaded for our daughter not to go to him due to his drug use. I left our local area with our child for safety reasons. His parents arranged for a court order for us to return to the area immediately which I respected and returned.
He is able to dodge drug tests and passes them with flying colours. I could not prove his drug use. After many months of deliberation, a consent order was agreed upon that our daughter would spend one week at his house and one week at mine (with his parents picking up the slack in caring for my daughter and him doing bare minimum). His parents enable him and are in denial about his drug use.
Fast forward to last Friday, approx. 9 months after the consent order was agreed upon. My ex-partner's father comes to my home and advises that my ex-partner was arrested at their home where he was at the time on Tuesday. The following day he had his first appearance (committal) hearing where he was sent to prison and refused bail. I am unsure of the charges at this stage but I know his phone lines were tapped and that multiple people were arrested. Drug ring? Dealing.
My question is, what happens to the consent order now? What steps do I take to get sole custody of my daughter? Is this an open and shut case that goes before a court as he is unable to consent to as he is in prison? Appreciate any help and insight. My lawyer is currently on leave. I think that his parents (like they don't have enough on their plate) will want some sort of visitation...
Throughout our separation, I pleaded for our daughter not to go to him due to his drug use. I left our local area with our child for safety reasons. His parents arranged for a court order for us to return to the area immediately which I respected and returned.
He is able to dodge drug tests and passes them with flying colours. I could not prove his drug use. After many months of deliberation, a consent order was agreed upon that our daughter would spend one week at his house and one week at mine (with his parents picking up the slack in caring for my daughter and him doing bare minimum). His parents enable him and are in denial about his drug use.
Fast forward to last Friday, approx. 9 months after the consent order was agreed upon. My ex-partner's father comes to my home and advises that my ex-partner was arrested at their home where he was at the time on Tuesday. The following day he had his first appearance (committal) hearing where he was sent to prison and refused bail. I am unsure of the charges at this stage but I know his phone lines were tapped and that multiple people were arrested. Drug ring? Dealing.
My question is, what happens to the consent order now? What steps do I take to get sole custody of my daughter? Is this an open and shut case that goes before a court as he is unable to consent to as he is in prison? Appreciate any help and insight. My lawyer is currently on leave. I think that his parents (like they don't have enough on their plate) will want some sort of visitation...