by maddiej  01/11/2009  884 Page Views
10 Comments  Family & de facto law, financial agreements, consent orders
Child custody help? please australia?
I have a six year old daughter with my ex. When we seperated when she was 18 months old I moved interstate with her WITH HIS PERMISSION (however was young and naive and didn't get it in writing) anyway I took her back to visit him twice and she spend 5 days with him each time. WHen she was 2 and a half he had a son with his partner at the time and stopped contacting her altoghether. 2 weeks befor her 5th birthday he got in touch with me asking to see her and i said yep no problem. He came and saw her for 2 days 12 months ago and hasn't been back since. I have made every effort to encourage him to come and establish a relationship with her and he hasn't done it. Now all of a sudden he is claiming i didn't have his permission and wants her to go interstate half of all school holidays. My argument is he need to establish a relationship with her before he can expect her to go interstate to stay with him which she of course doesn't want to do but would like to see him and get to know him here first. She is only 6. Plus i am also concerned that when he came here he uploaded a half naked photo of my minor child onto his facebook page ( completely inappropriate ). during our relationship there were many incidences of him physicall and emotional abuse towards me infront of our daughter who was a baby at the time, I dont have much proof though as i was too scared to report it.

My main question is whether the court will see the fact that he never seeked to have me bring our daughter back to the state however was in contact with us for a 12 month period after we moved so knew where we were as being proof that I had his permission?

Also I have told my daughter what he wants as I want her to be prepared if she is forced and since telling her she has wet herself on 5 occassions (She has been totally dry day and night for 3 and a half years).

What i have put here is only the tip of the iceberg. He and his ex used to constantly call from private numbers threatening my and my kids lives and when i would retalliate verbally they would record me