NSW Absent Parent Wanting Custody of Children - Help?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mumee

Well-Known Member
10 July 2018
33
0
121
I'm a male.... My kids live with me 80% of the time.... Have done since the youngest was 4. Your remind me of my ex... Please tell him about this website so I can help him... He will do a better job of raising the child than you.

Did iI sa anything about your children?
He would do a better job hey?
His other kids will beg to differ
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,821
1,072
2,894
www.hutchinsonlegal.com.au
How does one prove the other parent is unfit to parent or have any custody of children or visitation?
Or "his role as a parent is not in the best interests of the child"?

There are lots of different ways.

You, however should be using the information you have that can prove that. We can make up all sorts of reasons, but that will not help you.

What stage are you at with solicitors/court?
 

Mumee

Well-Known Member
10 July 2018
33
0
121
There are lots of different ways.

You, however should be using the information you have that can prove that. We can make up all sorts of reasons, but that will not help you.

What stage are you at with solicitors/court?

Just gathering information that I can use .
Are texts liable? If I recrdr his verbal threats?
His previous history?
His absense? How Caan I prove iv tried to help him see her ? Inivites? Whitneses the flights and accommodation that iv paid and he not turning up?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
I'm a male.... My kids live with me 80% of the time.... Have done since the youngest was 4. You remind me of my ex... Please tell your ex about this website so I can help him... He will do a better job of raising the child than you.

If you want some PROOF that he is that bad that is ok? fine... But if you don't have any proof then you're a liar and deserve to have the child taken from you because of your desire to lie through your teeth to prevent this nice fella from knowing his own kid.


Google search 'parental alienation' good advice by the way... Your ex is gonna go to court and claim that you're guilty of it and he is gonna win...

You will get a mother's day card in the mail every year because of your irrational approach to family law.... Just like my ex does...
 

Mumee

Well-Known Member
10 July 2018
33
0
121
I'm a male.... My kids live with me 80% of the time.... Have done since the youngest was 4. You remind me of my ex... Please tell your ex about this website so I can help him... He will do a better job of raising the child than you.

If you want some PROOF that he is that bad that is ok? fine... But if you don't have any proof then you're a liar and deserve to have the child taken from you because of your desire to lie through your teeth to prevent this nice fella from knowing his own kid.


Google search 'parental alienation' good advice by the way... Your ex is gonna go to court and claim that you're guilty of it and he is gonna win...

You will get a mother's day card in the mail every year because of your irrational approach to family law.... Just like my ex does...


Haven't lied once? And not trying to?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,821
1,072
2,894
www.hutchinsonlegal.com.au
All that you mentioned can be used as evidence to support your side of the story.

You need to seem reasonable to a court if and when it goes to court so don't overplay your hand.

If he moved, then it should be him paying travel costs. If you moved it becomes trickier as to who pays how much. This is where history and prior agreements need to be discussed and without detail I can't comment.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
I'm lost... This bloke wants to see his kid? Clearly, why else would he be seeking custody?
You want to know what consitututes good grounds to stop him seeing his kid?
BUT - you wont tell us anything specific about what this bloke has done to give you grounds to think he should not see his kid???
So how does this work?
He applies to court, you tell the magistrate your story, he tells the magistrate his story, in all likelyhood a report will be ordered from a family consultant, you will be interviewed, so will dad. You will be observed with the child so will dad, the report writer will write a report to the magistrate and the magistrate will consider that report when making a decision. Based on your posts here you're likely to do everything you can to convince the report writer that dad is the devil. That wont work because he is not the devil...

So unless this bloke has murdered someone, has a history of child abuse or something else that relates to child abuse you're not gonna have any luck convincing the court that the bloke should not be allowed to know his own kid... IF however, tiy choose to act like a twit and insist on preventing the child knowing their dad, you are putting yourself in a position where the child could be removed from you and placed in the permenant care of the dad...

Make sure you read that last bit a few times because it is really important that you understand and realise that it is not unreasonable for a child to get to know their dad... Unless of course the dad is a child murderer, has a history of child abuse and that history is not just you saying it happened. It means police reports, charges etc etc So lets assume dad has gone to jail a few times, for drink driving, drug offenses, assault... That isn't gonna stop him seeing his kid. He needs criminal convictions for child abuse, then you're gonna be able to establish that the kid should not be allowed near dad...

Now I'm still not sure, does he just want to see his kid a few times a week? or have full custody? if he wants full custody that might be because he feels he has a good case to show that if the kid is in your care you will not provide opportunities for the kid to spend time with dad and as a result parenting arrangements need to be swapped. Now, all anyone has here is the info YOU PROVIDE and when I asked what grounds you have to establish that dad is a danger your answer was that it was non of my business... So it is pretty hard to give accurate information
 

Mumee

Well-Known Member
10 July 2018
33
0
121
thankou, thats great., interesting that observing thing you mentioned. that should show alot, and him not knowing hr name or health issues may show a part, he has got a history, so good to know that it is taken into account.
he wont stick around for long, as soon as he screws up with his sister again she will stop pushing and he will leave again. he still not taking up my offers to come meet her. and im sure when they see his lavish lifestyle an holidays but excuse for having no money a s to moving back to the place his child was born (not that he know where) surely that has to show his lack of commitment, and HOPING that text messages and emails are aloud? to show threats and accusations of its not his baby and wishing we would be in a car ax and die.p

look if he actually WANTS to be a dad thats great, top outcome, but he isnt, and if someone is made to do somethiwng they dont want to they wont do a good job. he needs to start building a relationship with the child before he can fly her back with him,, but he doesnt seem to be coming down and iv offrd accommodation, to book flights, not pay as i have a few times before and learnt my lesson, he doesnt show.
i want what is best for my child. and frankly i dont think i sometimes half assed father is going to benefit her more than dissappoint and damage. my daughter deserves better. if he cant even take a free trip to see her but wants to be her carer.. how does that work?
bit of consistancy is what she needs.,
thanks for you reply
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
thankou, thats great., interesting that observing thing you mentioned. that should show alot, and him not knowing hr name or health issues may show a part, he has got a history, so good to know that it is taken into account.
he wont stick around for long, as soon as he screws up with his sister again she will stop pushing and he will leave again. he still not taking up my offers to come meet her. and im sure when they see his lavish lifestyle an holidays but excuse for having no money a s to moving back to the place his child was born (not that he know where) surely that has to show his lack of commitment, and HOPING that text messages and emails are aloud? to show threats and accusations of its not his baby and wishing we would be in a car ax and die.p

look if he actually WANTS to be a dad thats great, top outcome, but he isnt, and if someone is made to do somethiwng they dont want to they wont do a good job. he needs to start building a relationship with the child before he can fly her back with him,, but he doesnt seem to be coming down and iv offrd accommodation, to book flights, not pay as i have a few times before and learnt my lesson, he doesnt show.
i want what is best for my child. and frankly i dont think i sometimes half assed father is going to benefit her more than dissappoint and damage. my daughter deserves better. if he cant even take a free trip to see her but wants to be her carer.. how does that work?
bit of consistancy is what she needs.,
thanks for you reply
My ex behaved a bit like yours, denied his daughter, for 12 months, I told him if he thinks she is not his, then go and get a DNA test, he pretty much shut his mouth when he was told how much it would cost, look I agree he needs to build a relationship with her before jumping on a plane, how old is she?
 

Mumee

Well-Known Member
10 July 2018
33
0
121
My ex behaved a bit like yours, denied his daughter, for 12 months, I told him if he thinks she is not his, then go and get a DNA test, he pretty much shut his mouth when he was told how much it would cost, look I agree he needs to build a relationship with her before jumping on a plane, how old is she?

she is only 16mo,, his solicitor sent me a letter stating that "his visiting depends on his mood and that he has been trying to see her ever siinse the day she was born"
im like thats funny, because i have multiple ways to prove that i tried EVERYTHING to contact him for the birth and was told by his mates that he said she isnt his child, not to mention i inivited him and his family to her first birthday whom didnt bother to respond or show up. pretty sure him playing the father role depends on HIS mood, im not worried about anything as i know i have done everything right and tried to involve him everywhere, just trying to find the correct ways to prove so without looking like im over doing it.