VIC Custody of Children - No Family Court Orders

[Amberjv79]

I was hoping for some help please.

My partner has majority of custodial parenting of his 7 year old twin boys and has for the past 5 years. No parenting orders / family court orders. Just an arrangement they both consented to the custody of children.

Now we have become aware of the other parent has become a user of illicit substances. We tried to communicate, followed by a denial from the parent. Now, after giving the boys to her for her weekend access, she has text messaged threatening we will never see the boys again and allegations of abuse were used to enforce an interim order without our knowledge. We are beside ourselves and want our boys back. Never has a hand been laid on them.

My question is, does allegations like this actually stand up in court with no evidence? How and what are we supposed to do under Family Law? The boys are always so happy coming back from access and tell us how much they want to just live with us and how neglected they are at their mother's. I'm scared that the legal system will do in this situation as the boys stability and routine, their safe haven is now compromised.

Any information will be greatly appreciated

Thank you for your time.

 

[Sophea]

Hi Amberjv79,

What interim orders were made?

You should have the opportunity to defend yourselves in court in relation to any such allegations. Long term orders can only be set down after a hearing. Do you know when this is yet? Generally the court is able to accept evidence from other witnesses as to both parties' credibility - the fact your partner's ex is on illicit drugs will likely be relevant.

Depending on how old the boys are, the court can also hear what they have to say as well.

 

[Amberjv79]

Hi Amberjv79,

What interim orders were made?

You should have the opportunity to defend yourselves in court in relation to any such allegations. Long term orders can only be set down after a hearing. Do you know when this is yet? Generally the court is able to accept evidence from other witnesses as to both parties' credibility - the fact your partner's ex is on illicit drugs will likely be relevant.

Depending on how old the boys are, the court can also hear what they have to say as well.

Thank you
Court is this week. I realise they are not final orders but we are worried that they can grant this without evidence as so many cases happen to do. We are organising witnesses and people who know how much of a good parent my partner is. I just don't understand how it was granted on interim basis without anything except allegations. We are heartbroken