Custody and Family Safety
The individual is facing challenging circumstances involving coercive behavior from their partner, which has included threats to involve law enforcement. Following an incident in 2023, the individual has felt unsafe at home and has temporarily relocated to stay with a friend in Victoria. They express concern over the welfare of their children, whom they have regularly cared for over the past few years. Currently, there is an informal arrangement allowing them to see their children twice weekly, but no formal custody order is in place. The individual is interested in establishing a parenting order to clarify custody and visitation rights.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to ensure my rights to see my children are protected?
To ensure your rights to see your children, consider initiating proceedings in the Family Court for a parenting order. This can formalize the arrangement for your time with the children and clarify responsibilities. It's advisable to document any incidents and gather evidence supporting your caregiving role. If needed, attend family dispute resolution as it may be required before applying to the court.
How can I address the threats of police involvement and ensure my safety in this situation?
To address the threats and ensure your safety, you might consider obtaining a Family Violence Intervention Order. This can legally protect you from threats or harassment. Document each incident carefully, as this will be important evidence. Additionally, consider reaching out to support services for advice and to help navigate this situation.
What evidence or documentation should I gather to support my case in family court regarding the welfare of my children?
To support your case in family court regarding the welfare of your children, gather relevant documents such as police reports of incidents, records of communications that demonstrate coercive behavior, witness statements, and documentation of your interactions with your children.
What resources or support are available for individuals experiencing coercive behaviour or domestic issues?
Individuals facing coercive behavior or domestic issues in Victoria can access various support resources, including crisis response centers and legal assistance organizations. It is helpful to reach out to these services for guidance and support.
