SA How to Get Custody of Children?

[Melle]

Ok, I don't really know where to start here but my husband is in a bit of a mess and I don't know what to do.

He has potentially 2 kids with his ex (DNA testing is pending for the last child) and he hasn't had much contact with them as the mother is being extremely difficult and she doesn't want him to get any custody of children as she doesn't want her child support or parenting payments to be reduced.

He's never met his last child as she won't let him and he's been to lawyers in the past about getting custody, to which they told him if it goes to family court, it could cost up to $40k, which isn't the kind of money we have.

I just need to talk to someone who has dealt with this before. I don't know the first thing about it.

 

[sammy01]

$40 k sounds a bit steep but not unheard of...

How old are the kids? The information you'll get depends on a range of possibilities like age of the kids, how far you live from the mum. How long has it been since he saw the older kid?

So some things to think about...

So if it costs you $40 000, it will also cost her money. Sometimes the threat of court is all you need. Only 5% of cases wind up getting decided by a magistrate. Most people eventually work it out for themselves but sometimes not until the whole court BS has begun.

Self-representing isn't impossible and there are good resources around - like this website.

First step - call Relationships Australia and ask them to organise mediation. This will cost you a very small amount - maybe $100... It will fail. She probably won't even agree to attend. But it is the first step that you must take before you can apply to court.

 

[Melle]

The kids are almost 5 and almost 1.

My husband told me that she will fight tooth and nail so he doesn't get any form of custody. She will lie, make false abuse allegations so he parenting payments aren't reduced. They weren't in a long relationship. He met her like 6 years ago, they dated for about 6 weeks, then she left and texted him 3 months later saying she was pregnant and she was going to take him for all he's worth.

Fast forward to 2014 and she left her husband (she was only with him a short time), contacted my husband to start a relationship again and got pregnant again then left again. She doesn't work and just wants a life of living off everyone elses money.