QLD Would driving someone's car regularly be evidence of a relationship

[Eric79]

Hi guys,
My ex cheated on me and left me for a guy who was being accused of molesting his own daughter, he has been subsequently convicted and sentenced to 6 years jail with possibility of parole in three, my ex has been causing me issues with a dvo and a breach which I am about to fight. Anyway we recently had a mediation session in which she requested I agree to her having our daughter full-time and me having her one weekend a fortnight which I disagreed with, after which her and her lawyer discontinued the session and I am now concerned they are going to take this to court, currently we have a written agreement in place for us to have our daughter half the week each. She is claiming it seems that her relationship with the child molester is now over however I have video evidence that she is driving his car around instead of her own, would this have any real bearing on the case if she does take me to court regarding custody etc? The whole situation is such a mess with her claiming all sorts of rubbish and any advice I can get would be appreciated.

 

[sammy01]

Nope of no relevance... Even if he wasn't a convicted child abuser it would not matter.

So focus on the important stuff. You and your relationship with your child. NOTHING else.

So explain a bit more. What is the current parenting arrangments? how long have they been in place? how old is your kid?

BTW let them take it to court. If you have 50/50 established then it is gonna be hard to get a judge to agree to you only having alternate weekends.

 

[Eric79]

Hi sammy and thanks for the reply, the current agreement is I have my daughter from wed afternoon until Sunday morning, this was an agreement that my ex came up with but is now claiming I forced her in to it by threatening to take our daughter away from her, I most certainly didn't threaten anything of the sort , anyway my daughter is almost 2 and this agreement has been in place since early March last year and I have evidence via text message from my ex saying that she is happy with the agreement if that makes any difference.

 

[sammy01]

Is that routine a week or a fortnight?
Is it still happeneing? Mate I'd suggest you do all you can to stick to the routine and tell her if she has a problem with it SHE can apply to court because you don't have a problem with the current set up.

 

[Eric79]

Hi sammy, that's every week mate and yes so far it is still happening, I have no intention of going to court over it of my own choice but I am concerned she is planning to.

 

[sammy01]

ok so one of the things court looks at is recent history. If you've got an established pattern of care then she will struggle in court to get it knocked back to alternate weekends.

Stay calm. Do nothing that court hurt your case. So I'm sure you're not happy with the ex choosing to hang out with a criminal but that is out of your control.

 

[Eric79]

That's very reassuring, I don't particularly care who the ex associates with tbh and I don't have to worry about it for atleast three years now anyway, I've been behaving this whole time and I have no intentions of changing that despite the provocations from her and her family, I really appreciate your advice thank you

 

[sammy01]

Look she can pull the pin at any time. Insane. But without court orders there are basically no rules. Sure you can do the same. But Let's not pretend there is gender equity here.

Just play nice. Stay calm and remember the longer the current arrangements remain the better your case in court if that becomes inevietable.

 

[Atticus]

my ex has been causing me issues with a dvo and a breach which I am about to fight.

What are the basic circumstances of the breach?

 

[Eric79]

I sent her a nice message asking if she was ok after her partner was convicted and sent to jail, I was mostly concerned with her mental health while she had our daughter but they wouldn't except that, I went to court for it today and got a good behaviour bond