My ex husband has agreed to allow me to have full custody of our 2 year old son and unborn child. He has even let us move interstate. However there is nothing in writing and I was wondering should there be? What's to stop him from turning around and changing his mind and if he does where does that leave me and my children?
He is not genetically the children's father as we used donor sperm through IVF so I don't know if that would come into play at all.
Should I get something legally written up? How much will it cost and what's the process etc.?
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02-04-2016 10:53 #1Member
- Join Date
- Mar 2016
Question about sole custosy
02-04-2016 11:02 #2
You need to get legal advice on this one.
To protect yourself, I would suggest getting everything in writing and properly lodged with the family court. Without this, there is nothing to stop him from changing his mind a few years down the track and taking you to court for custody. Actually even with court orders, there is nothing stopping him from trying in the future, but the orders will make it expensive and more difficult.
Try legal aid - if you can get it, it will be free.
There are other free options out there eg Womens legal service, community lawyers, but they mostly only offer one off consults.
In terms of a private lawyer, be prepared to pay up to $500 an hour. If your ex husband is agreeable to everything though, there is no reason why you can't see a lawyer for basic advice and wording of orders, fill out forms / draft documents yourself and then get a lawyer to read over them and make changes as necessary. It shouldn't cost more than a couple of thousand all up. There are then costs involved with lodging with the family court.
ETA I don't know about the fact the kids were conceived using donor sperm will come into it or not. I've heard of step parents obtaining custody after breakups, so the fact that they are not genetically his may not come into play. It would be best if you asked a lawyer.
Last edited by SSecret Squirrel; 02-04-2016 at 11:04.
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02-04-2016 12:03 #3Senior Member
- Join Date
- Apr 2012
If he's let you move interstate I don't see why he would bother. He probably doesn't really see the kids as his.
02-04-2016 13:31 #4
Id enquire with a family solicitor into getting consent orders drawn up.
If he is being agreeable better to get them done now than to regret doing so in the future.
Get solicitor to draft consent orders, get X to sign and then you can submit to get them court approved.
02-04-2016 23:17 #5-
- Join Date
- Apr 2012
03-04-2016 03:10 #6
Is he listed on your 2yos birth certificate? i think that holds a bit of weight.
i would try contacting a lawyer. I've called the receptionist here a few times and left a quick question and a lawyer has called me back and said if i should see them or not. e.g. my son was given medication by a teacher which didn't belong to him. i called and asked where we stood. they called back and explained...and we went from there
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