Custody and Domestic Violence
The client is dealing with a child custody issue in New South Wales, amidst concerns regarding domestic violence involving their former partner. The client lives with two of their children, while another child is with the former partner, who has a record of domestic violence and substance abuse. Although there is no formal custody agreement or protection order in place, the client has evidence and witnesses that substantiate claims of domestic violence. The client expresses concern over the well-being of their child, highlighting issues such as mental health challenges and inadequate care provided by the former partner. Given these matters, the client wishes to accelerate the custody proceedings.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure the safety of my child and myself while pursuing custody?
To ensure your child's safety and your own while pursuing custody, consider the following steps:
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Seek Legal Advice: Engage a family lawyer with experience in domestic violence cases to assist with custody proceedings and implement urgent safety measures.
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Obtain an Interim Custody Order: Request an interim order from the Family Court regarding your child's custody to secure their protection during the ongoing proceedings.
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Create a Safety Plan: Work with local support services to establish a comprehensive safety plan, including emergency contacts and safe housing.
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Involve Support Services: Reach out to legal assistance organisations that specialize in domestic violence cases for support.
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Notify Authorities: Inform the police and child protection services about your concerns for your child's safety, providing relevant evidence of domestic violence incidents.
By taking these actions, you can prioritize the well-being of your child and expedite the custody process in a responsible manner.
How does the court determine custody in cases involving domestic violence?
In New South Wales, the court prioritizes the child's best interests in custody determinations, especially when domestic violence is a factor. The court examines the safety and well-being of the child, the impact of any violence on the child and family members, and the parent's ability to provide a stable environment. Domestic violence plays a critical role in these considerations, potentially leading the court to limit or supervise the offending parent's access to the child. Relationships and the child's emotional and psychological needs are also taken into account, guided by relevant legislation.
Can I obtain a protection order against my ex to prevent further contact or abuse?
To secure a protection order against your former partner, you can apply through the Local Court or request police assistance in filing on your behalf. Given documented incidents of domestic violence and witness statements, you have a substantial basis for a protection order, which would restrict contact or proximity to you and your children. Breaching this order can lead to legal consequences. Consulting a family lawyer for help in this process is advised.
What evidence should I gather for my custody case?
For your custody case, compile evidence like police reports, medical records, and photographs related to domestic violence incidents. Obtain statements from witnesses who can corroborate your claims. Collect any communications that reveal your former partner's inability to provide a stable environment, along with documentation regarding your child's mental health to underline your concerns about their well-being. Evidence reflecting your former partner's substance use and your child's unstable housing situation will also be beneficial in court.
How long does the custody process typically take, and what should I expect?
The custody process in New South Wales can take several months, depending on the case's complexity and court schedules. In cases involving domestic violence, the Family Court takes the child's safety and welfare into account, which may speed up proceedings. You can expect to launch a formal application, participate in mediation (unless exceptions apply), and potentially engage in interim hearings if urgent orders are necessary.
