+ Reply to Thread
Page 1 of 3 123 LastLast
Results 1 to 10 of 21
  1. #1
    Join Date
    Aug 2008
    Location
    WA
    Posts
    1,294
    Thanks
    1
    Thanked
    55
    Reviews
    0
    Achievements:Topaz Star - 500 posts

    Default SOLE CUSTODY - How easy is it to get?

    Just wanting some info on going for sole custody. Currently there is no court orders in place, but i am now looking at going for sole. If anyone can help it would be greatly appreciated. Thankyou.

  2. #2
    Join Date
    May 2008
    Posts
    987
    Thanks
    18
    Thanked
    31
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Very hard...

  3. #3
    Join Date
    May 2007
    Posts
    762
    Thanks
    114
    Thanked
    161
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    its no longer reffered to as sole custody but sole parental responsibility and include the health and welfare and long term decisions concerning the child.
    The easiest way is if your ex agrees to your having sole parental responsibility- if he does agree then oyu work out consent orders and have them ordered by the court.
    Unless there is risk or its not in the childs best interests(child see father regulary or something) then judges prefer to order 50/50

  4. #4
    Join Date
    Dec 2009
    Location
    Launceston
    Posts
    13,466
    Thanks
    732
    Thanked
    2,355
    Reviews
    35
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Hard! A friend of mine was in in extremely abusive relationship he has been in and out of jail for years and has even been violent with their son. He got out of jail 10 months ago and has unsupervised visits. My friend has been fighting tooth and nail for full for 8 years now.

  5. #5
    Join Date
    Feb 2008
    Location
    Bendigo
    Posts
    5,950
    Thanks
    2,315
    Thanked
    322
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Extremely hard.

    I cant get sole custody even though xdp is an abusive, gambling addicted, sex offender fresh out of prison.

  6. #6
    Join Date
    Mar 2009
    Location
    Wishart, Qld
    Posts
    694
    Thanks
    28
    Thanked
    46
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    I've heard it was hard but managed to get my ex to agree to it (that's the hard part). I have sole custody and he has visitation (no overnight visits) this was mostly because:
    a) they are all young (5, 3, 1)
    b) he has prescription drug and health probelms
    c) he hasn't really got anywhere to take them as is sharing a flat with a friend.

    He signed the consent orders so it's a done thing.. but can be reviewed (at his expense this time) later as the children grow up. I don't have a problem with him having overnight visitation as long as he takes a drug test to be sure it's safe for him to be around the children. But I'm not going to get the consent orders revisited - he'll have to take me to court next time and he can pay (I had to pay $600 to get the consent order put together and he never paid a penny).

  7. #7
    brydz is offline blessed with everyone amazing in my life
    Join Date
    Feb 2010
    Posts
    1,175
    Thanks
    220
    Thanked
    156
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    I believe from all the stuff I've read into custodial arrangements that it is VERY HARD to get sole custody these days.

    For the simple reason that the courts/law see the child as the only person with any rights. And one of those rights is to know both parents.

    Unless you have a severe case involving abuse or neglect or something that proves that the other parent is totally unfit. Which is not as easy as it sounds.

  8. #8
    Join Date
    Jul 2010
    Location
    Mt Barker
    Posts
    147
    Thanks
    0
    Thanked
    5
    Reviews
    0
    It is very hard as most courts will not decide that NO contact with the father/mother is for the best interests of the child, and the interests of the child are ALL they will consider. I had this same problem with the father of my older two, when he appeared back out of nowhere and wanted to see my kids, who didnt even know him. I was told by my lawyer that a Dad who is a sex offender, living in a tent will still get some kind of access to the kids and has some rights, so yeah, its hard.

    Get a good lawyer though (expensive does not necessarily mean good), see if you can find a good one through word of mouth, and get some advice on the issue before deciding what to do. There might be other options that you can explore which might be a compromise.

    Good luck!

  9. #9
    Join Date
    Aug 2008
    Location
    WA
    Posts
    1,294
    Thanks
    1
    Thanked
    55
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Thanks guys, i have no problems with his seing his child, if he would actually turn up and look after him. Thinking it probably wouldnt be granted based on the information given here. he isnt physically abusive towards my son, so really dont have much grounds to stand on by the sounds of things.

    Do any of you know the laws with regards to me holidaying interstate or even moving interstate?

  10. #10
    Join Date
    Nov 2008
    Posts
    7,067
    Thanks
    37
    Thanked
    227
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    I think if there are no orders in place either of you are free to take the child on holidays interstate. You would also be free to move interstate but he could take you to court and get an order to bring you back at your own cost.


 

Similar Threads

  1. Sole custody
    By Mum2twoEs in forum Issues with Family Members
    Replies: 8
    Last Post: 19-11-2012, 16:33
  2. Who has sole custody?
    By share a book in forum Single Parents
    Replies: 27
    Last Post: 19-07-2012, 06:33
  3. Help on custody question
    By AvaJune in forum General Chat
    Replies: 16
    Last Post: 12-07-2012, 20:14

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Pebblebee
Parents spend hours looking for things they need NOW. The keys, the remote, darling daughter's treasured teddy. Stop wasting precious time looking & start finding with Bub Hub reviewed Pebblebee Smart Tag. Simply attach a Pebblebee and find it fast.
sales & new stuffsee all
True Fairies
True Fairies is the first interactive website where children can engage and speak with a real fairy through the unique webcam fairy portal. Each session is tailored to the child, and is filled with enchantment and magic.
Visit website to find out more!
featured supporter
Hills Swimming Kenthurst
Located in the beautiful suburb of Kenthurst and boasts a heated 25m pool. We conduct world-leading Baby and Parent Classes, Preschool Classes, School Age and Squad Training. Our classes are small, our service personal and our quality of the highest.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!