Jump to content


Photo

Custody and the law - What can my sister expect?


  • Please log in to reply
5 replies to this topic

#1 utopia84

utopia84

    Frequent Poster

  • avid user
  • PipPipPipPip
  • 753 posts

Posted 07 February 2011 - 02:29 PM

My sisters husband ended their marriage a year ago, just short of their 1 year anniversary. Their son is 3, turning 4 in september.

They made a child custody arrangement through mediation, giving hi,m every second weekend, every other thursday - friday and any RDO days he gets.

They have been trying to settle their finacial seperation, involving him paying her out for the house ($15, 000) and her getting the car. As it is the rego is up on the car (in his name) and he won't pay it until the house is signed over to him, meaning she now can not drive the car.

They were pretty much up to the almost final signing of papers, but now he has added custody into the mix. He wants Week on/ Week off.

My sister doesn not want to agree to this as she believes it is too disruptive. She did work 3 nights a week, with their son being cared for by our mother one day, family friends another and childcare the remaining day. However she recently gave in her notice, as she is going to look after him fulltime, while doind a tafe course. If 50.50 was to happen it just seems ridiculous that their son have to go into childcare every second week when she can look after him herself. Her husband works so he can't look after him.


The difficulty is that as far as she understands she can not get legal aid while her name is on the house, and he won't pay her out until he gets what he wants. Seeing as she doesn;t want to agree to 50/50 it looks like this will head to court. We are unsure how she will aford to do this though (but don't know how he will either, he is paying the mortgage, and his mum already has a second mortgage her home).


Her original plan was to finalise the finacial seperation through her lawyer, then apply for legal aid and go to court about custody once her name was off the house. But obviously he thought of this himself....


What can we expect from this? If anyone has gone to court, how much has it cost? Do you know if there is any way around the legal aid issue. How likely is it that he will get week on/ week off custody?


Any advice/ people to contact/ personal feedback would be appreciated. I'd just like to know what were facing, as were all in this together with her.

I am so angry right now, and sad for my sister. He has been an ass the whole way (the car issue and example of this). I just don;t get why he is doing this. I would understand if he was a really hands on dad, but honestly he never was, and still isn't, so this all just smacks of spite and arrogance.





IPB Image
My Blog : Kitchen Utopia[size=4]

#2 ♥ Emsie ♥

♥ Emsie ♥

    One day at a time...

  • avid user
  • PipPipPipPipPipPipPip
  • 5,958 posts

Posted 07 February 2011 - 03:02 PM

She should be able to get legal aid, regardless of whether her name is on the house or not... especially considering the house is part of the divorce settlement which is not yet finalised, plus she is a single mum and I assume has a pension card for PPS?

Apply to legal aid. It can't hurt.

In the interim, speak to a lawyer, even if its the free advice line. What he is doing is blackmail and will NOT look good for him in court!
<center>
<a href="http://www.thebump.c...mpaign=tickers" title="Ovulation Calculator"><img src="http://global.thebum...s/ttc696a.aspx" alt=" Baby Birthday Ticker Ticker" border="0" /></a>

<a href="http://www.thebump.c...mpaign=tickers" title="Trying to Conceive"><img src="http://global.thebum...s/ttc696e.aspx" alt=" Baby Birthday Ticker Ticker" border="0" /></a>

<a href="http://lilypie.com"><img src="http://by.lilypie.co...m/Z8Eqp9.5.png" alt="Lilypie Kids birthday Ticker" border="0" /></a>


</center>

#3 utopia84

utopia84

    Frequent Poster

  • avid user
  • PipPipPipPip
  • 753 posts

Posted 07 February 2011 - 03:10 PM

I will let my sister know about Legal aid.

All this has come through lawyers. They were both going through lawyers for the settlement cos he was an ass about that too. We suspec this was actually his lawyers idea. It can apparently be done, where the custody arrangements are tied into the divorce settement arrangement.

Asshole...


IPB Image
My Blog : Kitchen Utopia[size=4]

#4 hanes

hanes

    i-do Addict

  • avid user
  • PipPipPipPipPipPip
  • 2,184 posts

Posted 07 February 2011 - 07:39 PM

I have a close friend going through a similar situation, unfortunately, and my understanding is that your sister should have access to legal aide. Especially if she has present custody of her son. My friend and her ex names are both on their mortgage and she was able to access legal aide. She chose not too though and is paying for a lawyer (thankfully - as her ex sounds just as lovely as your sister's!)

As to custody, I doubt her ex would be awarded a week on/ week off arrangement if he is in full time employment and she isnt. I believe they look at the 'quality' of time the child spends with each parent. It might be a different matter if both parents worked full time.

I'm sorry for your sister sad.gif It's a horrible situation to be in. I hope this settles soon.
<a href="http://lilypie.com/"><img src="http://lbyf.lilypie....om/w8iJp10.png" width="400" height="80" border="0" alt="Lilypie Kids Birthday tickers" /></a>

<a href="<img src="http://lb5f.lilypie.com/Ss2bp11.png" border="0" alt="IPB Image" /> " /></a>

\"IPB


#5 lena

lena

    i-do Addict

  • avid user
  • PipPipPipPipPipPip
  • 2,870 posts

Posted 07 February 2011 - 08:43 PM

When I was going though my mess I was able to access legal aide and I was on our house.

Goodluck to your sister.
<center><embed src="http://www.widdlytinks.com/birthday/birthday-tickers/birthdayticker.swf" FlashVars="t1=Koen Lachlan&t2=Myp recious one is&b=21&c=0x000000&f=27&y=2013&m=10&d=9" quality="high" wmode="transparent" width="430" height="115" name="Pregnancy Ticker" align="middle" allowScriptAccess="samedomain" type="application/x-shockwave-flash" pluginspage="http://www.macromedia.com/go/getflashplayer" /></embed><br><a href="http://www.widdlytinks.com/">Birthday Tickers from WiddlyTinks.com</a></center>
<center><embed src="http://www.widdlytinks.com/birthday/birthday-tickers/birthdayticker.swf" FlashVars="t1=&t2=Amahlia May&b=5&c=0x000000&f=9&y=2012&m=6&d=5" quality="high" wmode="transparent" width="430" height="115" name="Pregnancy Ticker" align="middle" allowScriptAccess="samedomain" type="application/x-shockwave-flash" pluginspage="http://www.macromedia.com/go/getflashplayer" /></embed><br><a href="http://www.widdlytinks.com/">Birthday Tickers from WiddlyTinks.com</a></center>

<center><embed src="http://www.widdlytinks.com/birthday/birthday-tickers/birthdayticker.swf" FlashVars="t1=&t2=Zack is&b=21&c=0x000000&f=39&y=2008&m=2&d=27" quality="high" wmode="transparent" width="430" height="115" name="Pregnancy Ticker" align="middle" allowScriptAccess="samedomain" type="application/x-shockwave-flash" pluginspage="http://www.macromedia.com/go/getflashplayer" /></embed><br><a href="http://www.widdlytinks.com/">Birthday Tickers from WiddlyTinks.com</a></center>

<center><embed src="http://www.widdlytinks.com/birthday/birthday-tickers/birthdayticker.swf"FlashVars="t1=Ashton Xavier&t2=My precious boy is&b=9&c=0x000000&f=16&y=2010&m=7&d=21" quality="high" wmode="transparent" width="430" height="115" name="Pregnancy Ticker" align="middle" allowScriptAccess="samedomain" type="application/x-shockwave-flash" pluginspage="http://www.macromedia.com/go/getflashplayer" /></embed><br><a href="http://www.widdlytinks.com/">Birthday Tickers from WiddlyTinks.com</a></center>

#6 ~Emma~

~Emma~

    Artist formally known as Blizzy

  • avid user
  • PipPipPipPipPipPipPip
  • 7,689 posts

Posted 08 February 2011 - 12:32 AM

QUOTE(utopia84 @ Feb 7 2011, 04:10 PM) View Post

I will let my sister know about Legal aid.

All this has come through lawyers. They were both going through lawyers for the settlement cos he was an ass about that too. We suspec this was actually his lawyers idea. It can apparently be done, where the custody arrangements are tied into the divorce settement arrangement.

Asshole...


That is what is happening for us. apparently it is cheaper cause only applying to the court once.

I will PM you tomorrow, my story has not been shared much here cause it's still so very new..




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users