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Answered in 5 minutes by:
11/17/2017
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedHi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.
Good Morning
If she suspects that he is doing drugs still she has to get legal assistance and take the matter to court and get orders that he not see the children unless supervised
I assume she has not reported any of the past events to police and therefore there is no record.
She has to also report issues to children services about her fears and the children being with the father alone.
If they agreement they have is that he lives with the parents and the children will be in their care and supervised then this is not occurring and she has to go to the Family court and get orders.
If she refuses to give him access and does nothing he can file for a recovery order and she will be seen as the bad person.
She has to take it to court ASAP
She can argue that mediation is not appropriate and should be dispensed with because of the violence but needs the evidence.
She should also have the young child taken to counselling.
All of his refusals to have counselling and anger management should be collected and used in her affidavits.
She may be eligible for legal aid and the solicitor she uses can advise her about applying and legal aid will pay.
She should also apply for child support so he pays for the children.
I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.
Regards
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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