NSW Family Court - Ex Taking Children for Holidays?

[Leish28]

Hi all.

Sorry if this gets a bit long.

7 months ago, my now ex-partner moved from NSW to QLD for work after having 14 months roughly off work from a car accident whilst at work. In this time, I cared for him and our blended family (I have three children from my ex-husband).

Our youngest was only just two months and our eldest had just turned 5. Since then, I have taken the children to see him twice and he has come back three times for around 4-5 days each time. I have asked him to move back as the children and I were not coping with him away but he has refused. I have now decided no more due to the distance, his increase in drinking again also cheating on his side.

He wants to take our two up to him for the school holidays but I am not liking it as; he is drinking a lot (was a recovering alcoholic), he works 12 or more hours a day so I don't know who would be caring for them. Our son hardly knows him (nearly 9 months), he hasn't even changed a nappy since he was first born and doesn't know his routine.

My ex has now said he will take me to family court to get the children since I am keeping them from him. I have told him he is welcome to visit the children here in their hometown and we can work out times for him with our son as I am still breast feeding morning and night.

I have never had a issue with my ex-husband and our children so I do not really know what to do. My ex-hubby and I don't have papers from family court, we sort it out together. I was hoping it would be the same with my ex-partner but he has made it clear he wants court. What should I do at Christmas time as he is stating that he will be taking them then?

I am panicking about him coming but I don't want to keep them from their dad at Chrissy at the same time.

Will his past criminal records come up? They were for menacing driving on me and my children, assault on his older daughter when she was 14, also with hers, he wasn't allowed to consume any alcohol 24 hours prior or during her visits as he had gotten so bad with his drinking.

What do I do? Please help?

 

[Lance]

Hi Leish,

Because of his history, it's pretty important that you get some interim orders in place to prevent him coming and trying to take the kids. I'm not suggesting he shouldn't be allowed access but if he has a drinking problem and you are worried for the children's safety maybe he should be supervised to start with.

Christmas is only a few weeks away so you should look at submitting an initiating application and follow it with interim orders. I think you should speak with legal aid, but the applications can be done yourself. The link is below:

Applying to the Court for orders - Family Court of Australia

 

[Leish28]

Hi Lance,

Thank you for your help. I really have had no idea what to do. It has been quite horribly surreal. This all a horrible dream. With my divorce it was all amicable, solicitors were only used to sign off on things and we always co-parent.

I don't want to be one of those women that keep children and fathers apart for personal gain or to be nasty, just supervised till he can sort his drinking and our little one is older. I will call Monday morning to speak to someone from legal aid to help me with the applications. I am worried that he will drink heavily with the children then pass out and won't hear them wake, also he will not have the patience for a baby or a child when hungover, amongst other things that have me worried.

He keeps throwing at me that he earns more then I so he will have better chance of getting what he wants.