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RogueMum View Drop Down
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    Posted: 08 April 2010 at 10:30am
I'm a regular here but need to stay anon for this so bare with me.

I've just left my partner and we have an infant son together. I took DS with me when I left.

I've just been granted custody on an interim parenting order and the father is allowed contact 3 days a week.

Thing is, my ex is fighting me tooth and nail. I feel I've been really reasonable, offering to move closer (a 35 min drive away rather than the 4 hour drive it currently is), I'm willing to give him a minimum of 3 days a week contact (I wanted to offer 24/7 access but my lawyer wouldn't allow me to be so vague) and more if he chooses which will increase to overnight stays once DS reaches a year old as DS is BF.
Anyway, he has applied to discharge the order I've got and/or vary it and has applied for his own parenting order which would give him custody and apparently give me contact everyday until DS is 6 months old then I'm assuming he intends to decrease the amount of time I can see him. AND he wants me to move back to the town he's living in so that if I do get full custody he can see him everyday. And he says if I don't move back to that town, I'll have to pay his fuel bill for travelling.

I know the odds are stacked against him. Anything he has against me I already came clean about in my own affidavit so nothing will be news to the judge. But, he's really getting under my skin and freaking me out. He keeps saying I'm being unreasonable and that I don't have DS's best interested at heart.
DS has been appointed his own lawyer so I know his best interests are being looked after so mine and the ex's own "interests" are irrelevent in the case now anyway.

Anyway, most of that is just rambling, but my big questions are this:

What are the odds of him getting custody of DS?

And, I have evidence of some criminal acts that he has partaken in. I don't want to get him in trouble, but I don't want to lose my son and was thinking of dobbing him in for the things he's done. The way I see it, he can't get custody if he's under investigation for crimes that may send him to jail. But would I be helping or hindering my case if I dropped him in it? Should I? Shouldn't I?
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kebakat View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kebakat Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 10:36am
Sounds like a complicated situation!

I'd discuss the things you know and have evidence for with your lawyer. They should be able to give you the best advice on what to do with that information.

Sorry can't really help with the rest of it. Bit outta my league
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kiwisj View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kiwisj Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 12:00pm
I don't really know the answers to your questions sorry. But I agree with Stacey. Talk to your lawyer about the evidence you have against your ex.

Take care
SJ
Callum - Dec 2008
Daniel - Oct 2010
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GuestGuest View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GuestGuest Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 12:09pm
I agree, speak to your lawyer about anything you have against your ex before you do anything. However from what I have seen they always tend to give the custody to the mother, he would need something major against you for them to swing in the other direction. Good luck.
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RogueMum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RogueMum Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 12:37pm
Anything he has against me the judge already knows about cause I came clean with it all and the judge has given me interim custody until a final parenting order can be done.

Will give my lawyer a call and see what she says about it all.
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mummy_becks View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummy_becks Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 1:06pm

As Stacey said talk to your lawyer, they will know what to do with the evidence you have.

When you say you have come clean can I ask what you have done just to see if that will have an impact on what may happen. Feel free to PM it to me if you don't want to put it here.

I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived!
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Jay_R View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jay_R Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 1:07pm
Oh, GRRRRRRRRRRRRRRRR to him

He is being nothing but a bully and a pig, and no judge with half a brain would ever consider allowing this man custody of a baby.

He is using your child as a tool to manipulate you, and you have a choice to either let him, or not.

I have my own ongoing custody battles, opposite situation where the father can't particularly be bothered to see his child, but in my situation he uses his lack of access as the tool because he knows how much I want him to take an interest in his son.

Hugs hun. It will all be ok.
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AandCsmum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AandCsmum Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 4:37pm
Seeing you are BF & you have interim custody, what you've done can't be that bad, you would have lost your son regardless.

I would be inclined to say that you feed your son over night as well so that will put a stop to him trying to have custody & you day access.

eta: Definitely talk to your lawyer. Also can you prove that you won't have emotional & financial support if you move back to his town, vs where you are.

Edited by AandCsmum
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A = 01.02.04   &   C = 16.01.09   &   G = 30.03.12
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lemongirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lemongirl Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 4:58pm
I've been a bystander in family court proceedings.

The most important thing to remember is that things all come down to the 'best interests of the child.'

Focus in on what YOU are doing to keep your child happy and safe breastfeeding etc. plus the emotial bond that you have with the child and the efforts you are going to promote the other parent's relationship with the child.

Take a look at previous decisions to give you an idea of how judges think. There's a bunch of them here
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jaz View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaz Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 5:55pm
If your son is under a year old and still BF and has already been placed with you in the interim I would be surprised if custody was given to your ex. Your sons current situation would be based on your lawyers recomendations and your lawyer would have met your ex several times in order to prepare court documents so he must have good reasons for placing your son with you. Your ex is opposing the judgement, that doesn't mean he will be successful. I suspect the best he can hope for is having you move closer to him so visitation is easier, but that only works in you were the one to move away, and did so after the baby was born.

If it were me I'd be keeping the BFing going as long as frequently as possible to delay prolonged or overnight visits, unless you are happy with this of course.
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RogueMum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RogueMum Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 9:24pm
Like AandCsmum said, what I've done can't be that bad otherwise they would've taken him off me in the first place.
Oh and for the things I did...I've been undergoing counselling for since September last year.

I can see the odds are stacked against my ex pretty badly. Anything he thought he had against me is gone. He thinks I'm so against him though. I keep trying to do the right thing and being helpful. I offered to meet him halfway between where he lives and where I live and then he started insinuating that I'm seeing a guy in the town I suggested we meet in.
Last time I try do anything decent for the guy! Court order only says I got to give him contact. Doesn't say I have to go TO him or even meet him halfway.

Oh, does anyone know, does a court order still count if he hasn't been served with the documents?
I think he's avoiding/hiding from the bailif and refusing to accept the order and he's saying it doesn't stand until he is served?
He's allowed contact 3 days a week but I'm not willing to let him near DS until I know for sure the court order stands and he can't take off with him.

Oh and how long does he have to defend the court order? Is it 21 days?

I know my lawyer could tell me all this but you know...she does her job but she's not super friendly.
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anon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote anon Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 10:21pm
Just to add: write down anything that occurs and gather any solid evidence about anything that is negative that would hurt your child that would work in your favour. This includes not turning up for stuff, being late or unreliable - but no doubt there are other behaviours, eg. drunken episodes, drug-taking, anything like that. This kind of documentation is really important in custody cases so start keeping a record now.

Two of my friends have faced custody battles. Both of them it was because they were more concerned over having to pay child support - one ended up dropping it, the other is still looming. Both of them did the above.

Have you had mediation? Mediation is helpful because you can agree on terms that suit both of you (obviously you need to have your lawyer's advice on decisions) that are in the best interest of your child to avoid things getting as nasty as this.

Edited by newlywed
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shellgirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote shellgirl Quote  Post ReplyReply Direct Link To This Post Posted: 08 April 2010 at 10:43pm
Yes, the order does stand, even if he hasn't been served with it. If he does take off with your wee man (even if he hasn't been served with the Court order), you can apply to the Court for a warrant to enforce the interim parenting order and if necessary the Police can then act to get your son and return him to you.

He doesn't actually have to accept the order, but it does need to get left in his presence so the bailiff has to be able to find him. If you have any extra information you can give the Court about how to find him (i.e maybe let them know what times he may be at work) that will make it easier to serve him. The bailiff can only act off the information you give them and don't generally go out searching for people at addresses other than what you give.

He has 21 days to file a defence to the application for a final order once he is served (although the interim order can last up to a year), but he can get permission to file the defence later if he has a good reason for not getting it in on time.

Hope this info helps and the situation improves for you.

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RogueMum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RogueMum Quote  Post ReplyReply Direct Link To This Post Posted: 09 April 2010 at 4:37pm
Ok, just so everyone knows, he's not a bad dad, he loves his son a lot. He doesn't drink or take drugs either.
He does however, have a very possesive side and my counsellor has said to me that she believes his form of "love" is to possess something.
It's this trait that is making mediation and/or negotiation of any sort basically impossible.

I feel I've been pretty reasonable in basically offering unlimited access. To which his reply is "well I'll have full custody and YOU have unlimited access"

He's been ringing my friends trying to find me. Has also been hacking into my e-mail, FB and OB accounts trying to find me.
I can kind of understand where he's coming from, I mean he's lost his son and all. But he's heading off the deep end real quick and not helping his situation. I don't want to stop him from seeing his son but he's loosing the plot. I'm seriously questioning if it's safe to let him anywhere near DS!
He's got some really way out ideas about everything as well. He's not thinking straight.

He honestly believes he can care for DS better than me despite the fact he use to frequently ask me if it's normal for babies to cry so much, he never use to even wake up at night when DS woke AND he can't even afford to buy food for us to eat, let alone buy formula and nappies. His idea of settling a baby is feeding him Pamol to basically knock him out. (although I admit I've done this twice where DS was sooooo overtired and so was I and he just wouldn't/couldn't get to sleep )

I think I'm just going to have to do everything through the court system cause there's no talking to a crazyman! Sounds mean but he's honestly lost it.

I've been ringing my lawyer daily to let her know what he's been saying and doing as well and she's been writing it all down so it's all recorded.
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mummy_becks View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummy_becks Quote  Post ReplyReply Direct Link To This Post Posted: 09 April 2010 at 4:47pm

Make sure you change all your passwords for everything, to something that he won't think of that way he can't hack into anything.

I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived!
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RogueMum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RogueMum Quote  Post ReplyReply Direct Link To This Post Posted: 09 April 2010 at 4:57pm
He's been using the "forgot your password" function to get the password sent to an e-mail address I think. So I've changed all my user e-mail addresses so hopefully that stops him.
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JessDub View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote JessDub Quote  Post ReplyReply Direct Link To This Post Posted: 09 April 2010 at 5:16pm
I'm sorry for the trouble you're going through, RogueMum.

If your ex is hacking your OB accounts, he is probably looking on here in the meantime for you and it probably won't take him long to work out who you are, despite being 'anon'.

Wishing you the best and please get on your lawyer's case if need be.

Edited by JessDub

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