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NSW Will Assault Charge Hinder Brother from Getting Primary Carer Role?

Discussion in 'Family Law Forum' started by JohnZoom, 1 September 2016.

  1. JohnZoom

    JohnZoom Active Member

    23 August 2016
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    I was hoping to get some help or shared experiences from other members.

    I have previously posted about my brother who was charged with Common Assault Domestic Violence - T2 for pushing his wife down while they both drunk and arguing. Both admitted to the police they were in the wrong but only he was charged.

    They have remained together since the incident in Feb this year - but my brother isn't sure they can move on - and hasn't been the same since.

    He is the primary carer of their 5-year-old son - as his wife works nights. He is worried if he separates or gets a divorce, the conviction will play a big part in him not getting the custody of children he hopes for with his son.

    He has no desire to keep the mother from seeing their son, but as she works evenings, he wants to retain a primary carer role.

    Any feedback on what he should expect welcomed. Thanks.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    it will be a factor... How big? Well, that is determined by what the magistrate thinks. But that is assuming it goes to a magistrate. Only about 3% of cases gets determined by a magistrate. So in short, not likely to be significant unless she tries to use it as a tool to minimise his access to the child.

    I'd suggest that the fact that he has always been primary carer is more significant.

    So what sort of arrangement would he like to see in place for the child? Can he afford to move out of the family home?

    One more thought - consider marriage counselling, or look to other options. I have to tell you that after 5 years. I'm good with the fact that my marriage is over but I've had 5 really bad years to get here... Then there is the damage to the kids, extended family, etc.
  3. Matthew Lynch

    Matthew Lynch Lawyer
    LawTap Verified Lawyer

    18 July 2016
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    It is usually in the children's best interests to have a relationship with both parents however often that is achieved while the child lives with the primary carer and the other parent spends substantial time with the child (around 4 nights a fortnight) . It is unusual for the male to be found to be the primary carer.

    How long has she worked nights? If she stops working nights then there might be an argument that she could be the primary carer. If she works one week on one week off she may argue for an equal time arrangement whereby she has the child on the nights she is not working.
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