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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44855
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have recently separated from my husband and every time we

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I have recently separated from my husband and every time we speak it turns nasty. I have concerns about him having the children as i did 100% of the care when we were together. He has never changed his 2 year old daughters nappy.
We have had a fair few issues in the last couple of years. In my late teens early 20s i got in with the wrong crowd and experimented with marijuana. He is now threatening me with telling the courts this. Firstly, I wasn't a mother at the time and secondly i had a drug test in February this year at his insistence after i broke down at work due to the stress and exhaustion i was under. The drug test came back negative as i knew it would. Would this have any bearing on having primary custody of my children
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Do not concern yourself with his allegations. If it goes to court and it was in your past then you have nothing to deal with and the courts will look at how the children are now.

Do you have any agreement or orders for the children? Has he spent any time with the children on his own?
Customer: replied 4 years ago.

No agreements in place yet he says he has spoken to a solicitor and he doesn't have to rush into anything. He spent less than an hour yesterday with them but other than that he has not spent a length of time alone with them. I had a staff meeting recently and he had to watch the children but ended up getting his younger brother and mum around also to be there. Since the separation he has come to see them bathed them but when asked about their clothes admitted he didn't know where they were.

I work in childcare and the children attend, if they had any concerns for their welfare it would have been reported so i know i have that in my defense also

Good Evening

Let him not spend time and continue what he is doing.

He is setting a pattern.

It must be a difficult time and you have to try and keep things on an even keel and not argue with him. I know it is hard.

If he has concerns and he does nothing about them, and does not do anything t increase his time with them, is in your favour.

You have nothing to fear. If he starts to make demands you should them look at the mediation.

You keep the children with you as much as possible it is in your favour.

Is there anything else you would like to know?
Customer: replied 4 years ago.

He keeps saying i cant rush him into anything, for example sorting out the house dividing our stuff and arrangements for the kids. I am in a different mindset of lets do this, this and this get it sorted so its not dragged out for the kids sake. When i contact him asking him questions he ignores them or gets angry saying im bombarding him and don't think that far ahead. is he trying to delay it all in spite of me. im a little lost at the moment

Good Evening

I cannot say why he is doing it. I have seen some people do not want to face reality and delay thinking that they may reconcile.

If you wish to finalise things and he refuses then your only option is to file an application with the court.

I would let things settle for at least 3 - 6 months and if he then still refuses then you can take the next step.

You should at this time look at child support to assist you with the children. You do not have to go to court about this. If he cannot discuss it with you, the Child Support Agency will deal with it on their own and will collect it for you.

It is a difficult situation but one that you will have to be patient with and give him a little time. If he still does not come round to talk with you about it, then you have to go to court.

Is there anything I have missed and you still need to know about?
Customer: replied 4 years ago.

No thank you so much. You have been very helpful. Im trying to rate your answers but cant see how to.


Good Evening

I am happy to have assisted.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon and other Australia Law Specialists are ready to help you