WA How Does Father Get Sole Custody of Children?

[Danaumo]

I'm a father of 2 girls, 5 and 8. The mother and I are separated due to her infidelities and meth addiction. The kids are mostly with me and have been for some time, but when she feels like having the girls, I can't stop her.

The kids need their mum but she is now dating a drug dealer who lives with her and they are always high. The other day when she picked them up, there was a machete in the back seat of her car.

How hard is it for me to have the kids taken away from her and have sole custody of children? What can I do for immediate action?

I have text messages from her threatening me with violence but nothing has actually happened.

 

[sammy01]

How recent are the threatening messages? Give us a rough description of what is in them.

The kids don't need a drug affected mum. So more detail here would help with the advice.

How to get sole custody... Look, the legal term is sole parental responsibility. Bloody hard to get, but don't worry about that. Let's just focus on keeping you and the kids safe for the minute.

So while sole parental responsibility can only happen through court, there is lots that can be done without all that expense.

Just stay calm for the minute.

 

[Danaumo]

I've had threatening messages over the course of the last 3 months saying things like I'll get flogged and I better watch out and that I'm one phone call away from getting bashed, etc. I have them all saved.

Basically my ex-wife is a meth addict that has admittedly been shooting up a gram of day. Again I have proof in messages. (I don't know if that even helps anything) She is m.i.a most of the time but when she decides she wants the kids, there is nothing I can do to stop her and I don't trust they are in a safe environment as both her and her boyfriend use drugs.

When she does take the kids she doesn't get them to school on time, if at all, and can never make it to pick them up on time or if at all. Again I have record of all the times she is supposed to have the girls and doesn't or calls me to take them.

Is it enough that she is a drug addict for me to get sole parental responsibility or file an emergency court order for the interim?

 

[sammy01]

When was the last threatening message? And what did it say?

 

[Danaumo]

The last threatening message was 3 weeks ago. It said something along the lines of I'm heading in the right direction to get a flogging. It's only a phone call away.

 

[sammy01]

Ok - so what did you write in response? What did you write prior to that message?

Mate, what I'm trying to work out is whether or not you have grounds to apply for an AVO. But if you've been provoking her, forget it. How often do you have contact? How often does she see the kids?

Getting sole parental responsibility for the kids is hard work. But there are other avenues that are cheaper and easier

 

[Danaumo]

I haven't provoked her at all and all my responses have been asking her not to threaten me.

She barely sees the kids. In the last 5 weeks, she has seen them 5 times in total. We only have contact through message and when she comes to get the kids.

Some days she will be messaging me all day long or sometimes I don't hear from her for days at a time.

What other avenues can I take?

 

[sammy01]

Ok, so without court orders, there are limited options. So an AVO is likely to be granted especially if she has drug convictions.

The other is simply to refuse to let her see the kids as you fear for their safety. But without a court order you can't stop her... So either apply for an AVO or apply to court. AVO is quick and lasts a year or so and is enforceable by the police. So as long is it lasts they will act quick to any complaint...

Court orders are slow and if she breached them you'd have to go back to court and that too will be slow.