Residential Custody orders?

**bAaM** · 06-07-2009 13:34

After a very stressful week last week of My DS being with his father and not being able to contact them then having his father drop him home HOURS late, and a trip to the police station to be told there was nothing that could be done cause there where no court orders in place I have contacted legal aid and have an appointment on Wednesday to put in an application so his visitation is orded.

Can someone tell me what form I need to download off the family court website to take to legal aid?
It just needs to state the conditions of his visitation for him to sign.

**~Candy~** · 06-07-2009 13:45

My hubby and I are seperated ATM and I refused to let him leave the house with the kids untill he signed an agreement stating he WILL RETURN them ON TIME ALL THE TIME. As he took 2 away from me once...and as you were told by the police..there is NOTHING they can do.

So, I typed up our own agreement...printed it..he signed it, I signed it..we took it to legal aid and from there, it became a legal document

Sorry I can't help you with your ques..but if you BOTH can come to an agreement...this is an alternitive way

**sockstealingpoltergeist** · 06-07-2009 13:49

Sorry to hear you are having such a hard time. I would give legal aid a call and see what they say.
I hope you get it sorted out soon.

**shannon74** · 07-07-2009 16:52

ok first you have to goto legal aid and get accessed to make shure you are eligible for funding ..

then after all that legal aid will give you a lawyer somewhere in your area ,usually a firm that takes legal aid cases

then to get to that stage can take as long as 6 months.. so it does take time..

**shannon74** · 07-07-2009 16:59

and i dont want to be rude but i am a father and at least he is bringing the children back , and i do the same thing to my ex as she badges me constanlty so i turn my phone off so i can spend some quality time with my children , if his a caring dad let him spend the extra time with the kids.

you need to go to court and come to a arrangment that can be documented ,

then if the order is broken you breach him which again takes times.

**bAaM** · 07-07-2009 17:05

Umm ok then.

I hadnt called all week then tried once and he turned his phone off cause he was somewhere that I told him NOT to take DS due to it being unsafe.

He is a drug user and very violent to his girlfriends (to the point he was put in prison a few years ago)

It wont go to court cause i am not taking it to court. I am just going to type up an agreement that he is ONLY to take him to his parents house and DS is not to leave there unless it is with one of his parents or it is for him to be brought home. Ifhe doesnt like it he can take me to court. For 6 years I have let go all the crap he has put both myself and DS through and after what he did last week it is either my way or HE can take me to court.

**shannon74** · 07-07-2009 17:11

and i forgot to add having court orders doesnt mean the police can order the children back off him if his late they cant force him as its a federal matter , all the can do is speak to him..

**Missbella** · 09-07-2009 23:18

Just making your own agreement will not make it legal UNLESS it goes to court. This doesn't mean you have to appear in court unless you cannot agree on the terms. If he breaches the agreement in any way shape or form, you can take him back to court and he will either be warned, fined (possibly heavily) and in some cases jailed. The orders can be varied if they are breached more than once, and with good reason, he be given only supervised visits. Please do whatever you feel is right for your children, so many children are hurt and even killed by the very people they trust, I don't mean to sound so serious, I just can't stress how important it is to make our children safe even if it has to be from their own parents.

**Pax** · 10-07-2009 00:22

Originally Posted by shannon74

ok first you have to goto legal aid and get accessed to make shure you are eligible for funding ..

then after all that legal aid will give you a lawyer somewhere in your area ,usually a firm that takes legal aid cases

then to get to that stage can take as long as 6 months.. so it does take time..

Originally Posted by shannon74

and i dont want to be rude but i am a father and at least he is bringing the children back , and i do the same thing to my ex as she badges me constanlty so i turn my phone off so i can spend some quality time with my children , if his a caring dad let him spend the extra time with the kids.

you need to go to court and come to a arrangment that can be documented ,

then if the order is broken you breach him which again takes times.

Originally Posted by shannon74

and i forgot to add having court orders doesnt mean the police can order the children back off him if his late they cant force him as its a federal matter , all the can do is speak to him..

What do you mean "At least he is bringing the children back"

He should bring them back on time!

If he wants longer time with the children, how about calling and asking and not stressing the mother out?

You may want quality time with your children, but if you dont want their mother harping down the phone in panic mode, then its best to organise things ahead of time or at the least call and be polite.

i just think to say at least he brings them back is pretty lame.

**c38** · 10-07-2009 01:23

BAam I'm sorry you were treated like this

I hope legal aide can help you sort it soon.

Originally Posted by Morrigan

What do you mean "At least he is bringing the children back"

He should bring them back on time!

If he wants longer time with the children, how about calling and asking and not stressing the mother out?

You may want quality time with your children, but if you dont want their mother harping down the phone in panic mode, then its best to organise things ahead of time or at the least call and be polite.

i just think to say at least he brings them back is pretty lame.

I agree. A caring father doesn't go out of his way to cause the mother of his children stress and anxiety. A caring father knows how much a parent stresses if they don't know that their child is safe. i.e.If they are told the plan is that they will be back by a certian time, but then they aren't and there is no contact. A caring father (as does a caring mother) works WITH the mother to create as stress free environment as possible for their child/ren. Turning your phone off, and not contacting the other parent to say you will be later then expected is rude and disrespectful. It's terrible behaviour to be modeling for/to your child/ren.

BAam he had no right to treat you like that