WA Family Law - Husband Threatening to Take Children

[Invisiagoth]

My husband left me and our 4 kids 2 months ago via text and has since seen them a few times , but I have spoken to him and he had informed me that the last visit with the kids, he was going to take custody of children without my consent.

The kids are in my care 100% and I have been supporting them and doing all decisions when it comes to medical needs. He calls them but most of the time they don't want to talk to him. I'm scared he will try take them when he comes to visit them in 2 weeks. He would never hurt them and there was never any violence. He has no house and lives were he works and is contributing to child support but has not financially supported us for quite awhile.

I know he has suffered from depression but refuses to go to counselling. I need to know what to do as I'm worried about my kids and want to do what's best for them. I don't won't them not to see him, but I don't want to lose them they are my world, there ages are between 8 and 1.

Any help under Family Law would be appreciated.

 

[JS79]

The Family Law Act now requires you to attend family dispute resolution prior to lodging an application in the family court. This is where you and your ex partner attend mediation to try and come to an agreement regarding children and how much time they spend with each of you.

In some circumstances, if there is a need to get parenting orders sorted urgently, it is possible to skip this step but you should seek legal advice to determine if you do indeed meet these circumstances.

If you would like to seek legal advice from a family lawyer, then you can do so here: Get Connected with the Right Lawyer for You

 

[AllForHer]

If he's paying child support, he's supporting his kids financially. He's under no obligation to support you financially as well.

As suggested above, I would highly recommend that you to attend a family dispute resolution conference so you and the father can try and negotiate a parenting plan that stipulates care arrangements for the children.

The court doesn't look highly on parents who withhold time between their kids and the other parent, so try to avoid doing so. I also encourage you to actively involve the father in medical decisions about the children and ensure the children answer the father's phone calls, rather than give them a choice about the matter. Not doing these kinds of things tends to be looked on poorly by the court if the father were to pursue parenting orders, because the court often sees it as not supporting the children's relationship with the other parent, contrary to their best interests.

Remember, two months is not a long time to have been separated, so there will undoubtedly be significant emotional challenges between you and the father, but don't let those challenges get in the way of your kids' rights and best interests. What's best for them is to continue having a meaningful relationship with both of their parents, and to feel they have your support in doing so. Kids of separated parents have consistently flourished where their parents continue to work together, despite their differences.

Anyway, I hope this helps.

 

[Lotus]

The father of my son also made implied threats like this. You need to get this sorted out as soon as possible. Try mediation and getting a parenting plan in order as your first option. It won't cost you anything and is a requirement before you can go to court.

From my experience with family law, the court considers what the caring arrangements have been when making orders. So if Dad had been the primary caregiver then most likely the orders would favour him. Generally speaking, it's usually the mother who is the primary caregiver. Unless you've been neglecting your children or have put them at risk you will not lose your children. However, the courts are strongly in favour of shared care - usually a 50/50 arrangement. While this is probably not good for the children, it ensures that the children have a relationship with both parents. You need to come to some acceptance of this. I know it's tough as a mother and primary caregiver, but you have to be seen as complying and being reasonable. Best interests of the child is paramount.