QLD Custody of Children - Domestic Violence Order Against Father of Children

[3boysmum]

Hi, we live in Brisbane. The kids' dad and I separated in Jan 2015. He had the second weekend custody of children until April when I put a domestic violence order on him because of harassment and past physical abuse in front of my children.

He then decided he didn't want them in June. He took the kids every second weekend with his dad, kicking our oldest, who's 7 and our oldest telling our middle child who's 4 he would "f*cking kill him"; they are his father's words.

I stopped his visitations and now he gets them back this weekend, but our 7 year old told him he's not going to his house. My ex hasn't seen his kids for a total of 6 months this year and now wants 50 percent custody of children.

I've always been a stay at home mum and he's in the army. He can be deployed or sent out at any time.

 

[AllForHer]

Sorry, would you mind clarifying your question for me? I am just not sure what you're asking, is all.

 

[3boysmum]

Basically how common is it for fathers to get 50 50 with all this evidence?

 

[AllForHer]

If allegations can be backed up with evidence and the alleging parent proves to be a credible witness to the facts, then not likely (though to clarify, that's not limited to fathers - fathers are awarded residency as often as mothers these days).

The court has to make orders that it deems to be in the best interests of the children, in accordance with section 60CC of the Family Law Act 1975. The need to protect children from risk of harm through, or by exposure to family violence, abuse or neglect is one of the primary considerations.

However, bear in mind the court can of course protect children without removing a parent entirely. For example, it might order supervised time, public changeovers or attendance on a psychologist.