Custody advice?

Question

Hi im from Sydney and need advice of family law. I left my ex partner (my daughters father) 1 and a half years ago he hasnt yet taken me to court but is threatening too. I don't want him to see her and i no that proberly sounds selfish but i was with him for almost 2years and during that time he threated my life and the life of our unborn child. Before she was born i had knifes held to my throat beer poured all over me things thrown at me been told i was worthless and everyother name he could think of. After she was born i had been head butt whilst breastfeeding her, strangled to the point of blacking out. I told the police and he threated to kidnap her if he went 2 gaol. I got out of the relationship with help from family and friends and he was having visits with our daughter at my mums and later by himself i stopped those vists because his girlfriend told me he was planning to take from me. He hasnt paid child support since we broke up what are the chances that he wil get visitations

He has had anger management classes and it did nothing. He has also had drug and alcohol councilling and that did nothing. I didnt mention that he had been in and out of gaol before we met and breifly when we were together because of what he had done. The police have statements and have documented bruises and other marks.

Answer 1

Not exactly sure how the laws read there but are pretty much the same worldwide. Unless you have a court order forcing him to pay support then theres not much you can do there and cant use it against him. Also unless you have police reports verifying your abuse claims against him, again you have nothing to help you in court, so your above accusations become hearsay and wont hold up in court. You will need some evidence to prevent him from getting visitation rights if you take this to court. hances are you would be awarded custody in court unless youre proven unfit, but then if you cant prove him as dangerous to your child then you cant stop the visits either. You wont even be able to get supervised visits for him either. So if you dont have any evidence then you need to start getting some concrete evidence or witnesses before this ends up in court if you plan to stop him and/or collect support. Good luck

Answer 2

Hello, sorry for the unnecessary pain.. During the abuse do you at all go to the police and document the abuse or take photographs. If I was you I would go get a restraining order let the judge handle this because if he is as violent as you say he is it can only get worst.. ALWAYS document abuse it will help doing the custody battle. If u can prove he is violent no judge in the world will give him custody

Answer 3

I wouldn't tell him to, but I would wait until he takes you to court. Then you need to bring all of this up, and bring any and all documentation and witnesses to the hearing and request no visitation until he completes anger management and parenting classes and then it should still be supervised.

Answer 4

Let him take you to court, he will lose........ Make sure you have everyone there that helped you flee that abusive relationship. I hope you took pictures of your bruises and such. You do whatever it is you have to do to protect your child. Call me if you need help, I'll be there gurl!!!!!!!!!!!
God bless you and give you strength.