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  1. #1
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    Default Parenting plans worth it?

    So I have moved out with ds5 and dd4 because my ex was escalating emotional and verbal abuse and beginning to punch walls etc

    I'm also certain that he was (is?) doing meth but not in front of the kids or I.

    I have a no contact order in place and we have both engaged legal reps.

    He wants to put in place a parenting plan and I don't feel secure at all. If he takes the children there is no guarantee he will return them right?

    I left with nothing.

    He is also not making any arrangements to collect my personal effects and wants to veto what I'm removing from the property.

    My lawyer is a bit meh about my stuff but I have items which my deceased father gave me that I want returned. I still have access to the shared property and I'm considering just going and taking my stuff and dealing with it later.

    Thoughts from anyone who's gone through this would be great because I'm feeling like I'm losing everything to an angry violent man.

  2. #2
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    I'm not too familiar with this stuff, but isn't a legally binding parenting plan the safest bet, in terms of you being worried about him not returning your children?

    Given you have a no contact order in place, I'm assuming the police are aware of the situation. So I'd ask if they could escort you to the house to get your things.

    Good luck with everything.

  3. #3
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    Quote Originally Posted by atomicmama View Post
    I'm not too familiar with this stuff, but isn't a legally binding parenting plan the safest bet, in terms of you being worried about him not returning your children?

    Given you have a no contact order in place, I'm assuming the police are aware of the situation. So I'd ask if they could escort you to the house to get your things.

    Good luck with everything.
    This. Once a parenting plan has been through the courts you will be protected of he takes the kids and refuses to give them back. If you don't have one in place your basically screed to get the kids back.

    As for your personal effects, go there with the police take what is right fully yours in the way of personal effects. If you want furniture etc your legally entitled to half of everything in the house. Take the food from the pantry and freezer to.

    Take notes on everything in a journal. Don't respond to him at all unless it's about the kids only

    Be strong and don't give into any demands he will/may make.

    Let school/kindy/daycare know you guys are seperated they make also want a copy of the order you have against him.

  4. The Following User Says Thank You to babybeeno1 For This Useful Post:

    BH-KatiesMum  (30-07-2016)

  5. #4
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    A parenting plan is not legally enforceable, but they are when converted to court orders. You don't need to actually go to court for this, just submit the paperwork to the family court.

    Having said that, if I had my time over again, I do not know if I would push for court ordered custody by consent. I've found they are a two edged sword when dealing with an abusive man, simply because when he turns on the kids (chances are high this will happen) you are still locked into sending them.

    In terms of property, I would ask for police assistance in retrieving your stuff.
    Last edited by SSecret Squirrel; 30-07-2016 at 19:53.


 

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