Custody Matter
The client, residing in New South Wales, is in a marriage lasting approximately two years and seeks to exit an abusive relationship with her husband. She has two children and wishes to secure full custody along with visitation arrangements. The client expresses concern for the safety and wellbeing of her children during the separation but is not currently interested in applying for a Domestic Violence Order. She possesses evidence in the form of photos and text messages to support her case in family court. The client plans to relocate to Queensland with her children and has concerns about property settlement and spousal maintenance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure my children's safety and wellbeing during the separation process?
To ensure your children's safety and wellbeing during the separation, consider creating a careful plan for transitioning to a new living arrangement, ideally with support from trusted family or friends. Consulting a family solicitor to discuss options for obtaining interim parenting orders that reflect your desired custody and visitation arrangements is advisable. Maintain a record of all communications and incidents relevant to your situation and continue gathering evidence such as photos and text messages. Engage a family support service or counseling to assist your children emotionally through this transition. If planning to move to Queensland, be aware of any legal requirements concerning interstate relocations and adjustments to custody arrangements.
What are my rights regarding custody and parenting arrangements for my children in the context of leaving an abusive relationship?
In the context of leaving an abusive relationship, you have the right to seek full custody of your children under the Family Law Act 1975. The court prioritizes the best interests of the children, considering factors like the need to protect them from harm and the benefit of maintaining a relationship with both parents. While seeking full custody, the court may consider granting visitation rights unless there is a perceived risk to the children's safety. It's crucial to emphasize safety concerns in your custody application.
What evidence or documentation should I gather to support my case in family court regarding domestic violence and child custody?
To support your case regarding domestic violence and child custody, gather evidence such as:
- Photos and Text Messages: Document incidents and save messages showing threats or abusive behavior.
- Medical Records: Obtain records if you or your children sought medical attention due to domestic violence.
- Diary Entries: Keep a detailed journal of incidents and their impact on you and your children.
- School Reports: Collect documentation from teachers regarding any behavioral changes in your children.
- Financial Records: Provide financial documents to support your claims relating to property and maintenance discussions.
- Character References: Acquire statements from individuals who can attest to your parenting and any signs of domestic violence they've observed.
How might the history of domestic abuse impact property settlement and spousal maintenance considerations during the separation?
In cases of domestic abuse, the history of abuse can significantly impact property settlement and spousal maintenance decisions. The court may consider a fair distribution of assets, taking into account contributions from both parties, including non-financial contributions like homemaking. Domestic violence may influence these considerations, affecting financial or personal contributions. Additionally, spousal maintenance may be awarded if you cannot support yourself post-separation due to the abuse's impact on your earning ability or emotional wellbeing.
