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QLD Will Father with Multiple Offences Get Custody of Children?

Discussion in 'Family Law Forum' started by Mum2two, 23 September 2016.

  1. Mum2two

    Mum2two Member

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    I left my fiance 2 years ago. I first met him when my eldest daughter was 1. We than had a child together and separated when she was only 10 months old due to abuse. He has multiple offences and was up on a whole of 24 charges due to abuse, breach of DVO & bail, and drug utensil possession.

    He spent 2 months in jail. After two months of being out, and spent almost a year in jail. He got out this July. The abuse he inflicted was in front of both the kids but he only hit/abused me.

    While he was in jail, I moved about 1000kms away and met a new man who I have now been with for 8 months. My ex hasn't seen the kids since he went to jail and I have completely no contact with him. A very strict DVO is in place for the next 7 years, which states he cannot contact me or come near me, etc., but he is allowed to contact me in writing about the kids only.

    I know he wants to get some sort of custody of children & does want me to move back. Does he have any grounds to stand on in family law? Is there much chance of him getting part custody? I fear for our safety daily because of how mentally unstable and unpredictable he is.
     
  2. AllForHer

    AllForHer Well-Known Member

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    It's impossible to know with most cases, but assuming the above is wholly true, the Court would likely find he poses an unacceptable risk of harm to the children.

    At best, he might get time with the kids supervised at a contact centre every few months, but with multiple convictions for violent offences, it would be an impressive feat to get any more than that.
     
  3. Mum2two

    Mum2two Member

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    Thanks for replying. In saying that, I have deliberately "disappeared". I guess you could say that he cannot find me to be able to serve me with any sort of parental consent orders or such. Do you think this is wrong of me?

    I haven't informed the courts, etc. as we have no arrangement in place. I guess I escaped for my own safety and have pushed all the legal side of it away as I'm still coping with the aftermath of the abuse etc. I had to go to counselling and put on medication for PTSI and now I am starting to worry that I may have done the wrong thing by moving this far away & that it may turn against me?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Look, in ordinary circumstances, I would say that yes, you should tell dad where his child is.

    However in ordinary circumstances, the allegations of abuse in parenting matters are often found to be exaggerated versions of regular couple disagreements. They're not often supported by multiple criminal convictions before a court of law with jail time ordered for violent offences.

    While there are no parenting orders in place, there's no 'legal side' to actually push aside because there is no legislation that automatically enables a parent to spend time with their kids. The only law that enables such time is a parenting order from the Court.

    Dad does have the option to file for such orders, and that can include a location order that compels government departments to disclose any information they might have about your current address, but being protected by a 7-year violence restraining order should aid in having such an application for a location order rejected.

    You can start proceedings yourself, but the problem with doing that is that all of the control you have now for this situation will be relinquished to the Court, and you never know what the Court will actually do. So, your best bet at this time is to sit tight and wait to see if he does something first.

    Who knows? Maybe dad won't ever contact you again.
     
    Mum2two likes this.
  5. Mum2two

    Mum2two Member

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    Well, yes, he spent just over a year all up in jail. The first two months was only reprimanded as he was deemed too dangerous to be out, then he was charged with another offence after being out for nearly two months (stalked me around a grocery store then started screaming at me, threatening to kill me and ran at me. Luckily, his father held him back. It was all captured on cctv footage).

    Then he started making prank calls, saying that he was in my house & had taken our daughter and so on, just being overly creepy & also started a Facebook profile pretending to be me and caused a lot of trouble within my curcle of friends and my workplace.

    Needless to say, the police caught him out on it all, he than got sentenced to 4 years in jail to serve one year & the rest of the good behaviour/parole. From how well I know him, I know he will fight as much as he can to take the kids. He has threatened to multiple times, etc. I just want to keep them & me safe, but still do the right thing legally.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Well, you aren't doing anything illegal. Your priority is yours and your kids' safety. Do what you have to do to look after yourself and your children.
     
  7. Mum2two

    Mum2two Member

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    Thank you greatly. You have put my mind at ease that's for sure.
     

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