Hi. My son was in a relationship for a yr. He is 18, and the…

Pursuant to the Family Law Act there is a presumption of shared parental responsibility, however this presumption can be rebutted by evidence of domestic violence or abuse. If the presumption is not rebutted then the Court must look at shared care of the child i.e. 50/50.

If your son wants sole care of the child he will need to convince the Court that it is in the child's best interests that they make such an order and that the presumption of shared parental responsibility should be rebutted. At the mediation he should bring up the domestic violence issue and emphasise any incidents where the mother has failed to adequately care for the child (if there are any). Also the longer that the child stays with your son and settles into a routine in a safe environment that provides for the childs physical and emotional development needs before the matter goes to Court the more reluctant the Court might be to disturb the status quo.

From your question it appears that the mother may not want care of the child if she was willing to let a 3.5 month old baby out of her care for 8 days and if she does not then a parenting plan can be agreed at the mediation removing the necessity to go to court.

If the matter does go to court your son should have a solicitor act for him to ensure his side of the matter is presented to the Court in the best possible manner, he might try contacting Legal Aid to see if they are able to help.

The Court website addresses follow for your information:

http://www.fmc.gov.au

http://www.familycourt.gov.au