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  1. #1
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    Default Sole custody

    Just wondering if anyone has managed to win sole custody of their kids and if so how hard? What proof? Or even supervised visits?

    Won't go into details but my husband doesbt know I'm leaving yet but he hasn't been able to be trusted with the girls since day 1, has never been left alone with them, yells, screams, swears at them and I have stayed for so long as I'm scared he will get them for the day nights etc and know he can't be trusted so would rather stay in my crappy life if it means they are safe with me

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  2. #2
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    Default Re: Sole custody

    I think you should really seek legal advice. As far as I know unless there is abuse/violence of some sort your husband would be granted visitation with your children.

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    From what I understand youd basically have to prove it... witnesses, police reports, etc. You might be granted supervised visits at the start but I think if he showed he was mentally stable he'd end up having them for some time.

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    Default Sole custody

    Sole custody doesn't really happen these days, all parents, regardless of access have equal responsibility for children. The general consensus is that it is usually in the best interest of the child to know and spend meaningful time with both parents unless there is serious abuse and safety concerns etc. you need to have proof.

  5. #5
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    'Custody' doesnt exist anymore, its worked on parenting plans and shared care. You're husband would have to be all but a serial killer for you to have his rights taken away like that

  6. #6
    2plus3equals6 is offline impatiently waiting TTC miracle number 4
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    lawyers told me if I wanted to up and leave for any reason to make it harder for him to get shared care I should give no warning of my intention to leave pack up and move somewhere away from anywhere he would look.So for me it was to the other side of Australia, he said the father still had the right to goto court and apply to have the kids returned but if he didn't apply to the courts to try find me then go to second court case and get the order to serve to have them returned (which I knew my hubby wouldn't bother as he couldn't afford it and knows it is isn't easy from previous relationship) then he has no say in it and has no way to stop me going in first place.You still have to do the whole CS thing with centrelink to get single payments but they were helpful for me and you can register they do assessment and then you say you have a private arrangement if you don't want to actually get anything from him and just move on or they chase the payments and do not disclose where you are.
    Last edited by 2plus3equals6; 15-11-2012 at 19:27.

  7. #7
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    My friend was in court two weeks ago and gained sole responsibility for his 3 yr old son.

    Story goes that the mother left the son at a police station about a yr after the parents seperated. My friend had the boy in his care until orders were made (interim) giving the mother supervised visits. The mother never contacted the supervised centre, and recently pulled out of procedings, so the court awarded sole responsibility of the boy to his dad.

  8. #8
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    I specifically remember a person from bubhub being awarded sole 'custody' recently. The FOB isn't allowed near the children without her permission. Hopefully she will see this and have some more answers.

    An aquaintance of mine has full custody, and his ex has supervised visitation. He had to go through the court system to obtain this but IMO he did the right thing.

    I think kids are worth fighting for if it means they are safe.

    Chances are, if your husband is a bit of a no-hoper and isn't patient with the kids, he won't be interested in visitation anyway if they are such a burden that he yells so much

  9. #9
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    Default Sole custody

    I have sole responsibility. Ex disappears for a year then shows up demanding to have kids, wouldn't agree to supervised visits. Went to court and he didn't even show (we'd already done mediation and made parenting plans when we first broke up but he never stuck to them) given his history with other 2 kids who he doesn't see much the judge had no problem with giving me sole custody/responsibility. Orders state children are to live with me and father to see children as agreed to between us both (so if I don't agree with something like unsupervised visits it wouldn't happen) this was over a year ago now though and I haven't heard from ex again since then.


 

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