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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5572
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am wanting to know what to do about child custody

Customer Question

I am wanting to know what to do about child custody
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
> I am currently in a relationship where I feel things are going bad and I would like to know what my options are and how you can help.
>
> My wife have a newborn. We have been having issues and recently we hard a pretty large fight while she was pregnaunt. During the fight she slapped me around the head around 5 times and begged me to start hitting her. After that I lost it, smashed a cup in the kitchen and shoved her a few times onto the bed.
>
> The police came and they took out a Demestic Violence Order against me. I feel that I am well within my rights to do the same thing and take one out against her (I have the police report where she admits to commiting the violence against me as well)
>
> We are presently trying to work things out and put this behind us, however I feel like with the Demestic Violence Order against me only it could cause me issues down the track when it comes to seeing and having a say in my sons life. I would usually accept this as I done something wrong, but in this case she has as well, however it is only me that has a DVO hanging over my head.
>
> I would like to make sure my bases are covered and have a good lawyer in my corner to help me prepare for the worst case scenario.
>
Customer: replied 2 years ago.
I am in Australia - Queensland
Customer: replied 2 years ago.
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Expert:  Daniel replied 2 years ago.
Hello
Usually the norm is to have the child with mother and have frequent contact with the child each few days. When the child is one it will be during the day for block periods ie 9 -4 with a move to overnight visits after two years of age.
After that period the minimum you will get is alternate weekends plus half school holidays when they go to school. This is basically default minimum. You can seek more time If your amicable.
In relation to the DVLO I accept what you are saying, however I suggest ''cooling off a bit" and focus on the child.
Going back and trying to obtain an order against the mother may backfire if it ends up in court the mothers solicitor may well use it against you and the court may think your being vindictive.
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