I just need some advice really - my Husband and I are currently in the process of separating. We have been in contact with centrelink and child support. I have just found out that he told child support he earns less than he does - but that is a separate issue and not nearly as worrying to me at the moment.
We made an agreement initially that my husband would have access to our son every second weekend, until a couple od weeks ago when he told me he wanted 50% access. I told him absolutely not to which he stated that I just didn't want him to see his son. I told him this was not the case at all, but he's not even available to do drop off and pick up in the same day from day care, whereas I can because the day care centre is right over the road from my rental along with a range of other issues.
He told me it didn't matter anyway as he was going to take it to court and that the courts were more lenient nowadays.
I am so scared of losing my son, especially as I have come to think he may be on the verge of a drinking problem which is one of the reasons for our split. Can someone please tell me what sort of custody arrangement the courts normally grant??
50/50 unless they are unable to provide that care.
You need to go see a lawyer immediately. He CAN take your son and not return him and you will have to go through court to get him back. If you start the process now it is going to stop a lot of mess around later.
Hi emma i feel for you... i am in the process of splitting with my partner... he is threatening that he wants half custody of our 1 1/2 yr old DS.
I have just applied for single parent pay so i have money to get out of here and find my own place to rent with my son. He works fulltime and at the moment i have no work i have told centrelink he will be in my care all week...apart from weekends where my ex will get to have him some of the time.
but he is not happy with this and is threatening to take it to court.. and he says i will just tell them ur unstaible and your a nutcase... i have only been like this from our terrible arguments we have... dont think it would work...but im freaking out too that it will cost lots of money if it goes to court..
please let me know how you are going with it, as im in the same boat ...
Hi, when my hubby & I split I went to legal aid for help. The courts look more favourably if you've attended one of the government funded mediation centres to try and come to mutual custody arrangements so you could try and get an appointment there but also contact legal aid. Legal aid were brilliant to me, if turned out that I was over the income threshold for them to represent me but they still offered me an appointment and showed me the forms I needed to apply to the courts and how best to fill them out and word them. The thing I found going through it all is that if both parents can provide equally good care for the child then the courts will award 50/50 joint custody. It never used to be like that, but then new rules came in last year and changed everything.
Ness I am confused by what you mean. It IS 50/50 care that will be awarded. both parents will get equal time with the child. Unfortunately unless you have good reasons why this isn't possible it can and most likely will be awarded.
My uncle just got awarded 4 days and 3 nights a week when he went for 50/50 care.
I had meeting with lawyer and mediators in the last few months and have been told its not 50/50 time that is always awarded.. it can be but its not garuenteed.
it really depends on your circumstances...
i was told my ex would not get 50/50 because of the hrs he worked but he was entiteld to 50% of the right to raise his daughters and have a say in there life
Most of the time the ex will use this as a threat. Most of the time they don't want the care but like to threaten they will get it, cos they somehow think it is automatic, which it isn't.
My advice would be to wait until they DO take you to court because if he does take it that far, he will learn what it actually means.
Custody Issues
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