My partner and I just split up and he's threatened to take my one year old son away despite me being his primary carer because he is never here. I told him if he tried I'd take him to court but he said that he'd use a suicide attempt I made 3 years ago to win. Assuming that there are no problems with parenting, no neglect, son is perfectly healthy and loved and nurtured, is there any way he could use that one thing against me? My mental health has been cleared and was reevaluated and cleared again during my pregnancy so I wouldn't think it would have any standing but I'm just very concerned that my sons going to go with someone who doesn't even know what he eats, when he sleeps or even what games he plays.
3 Replies
Nope as long as you have received treatment then no.
The Australian family court system just doesn't work like that. This is a common threat made in DV situations.
It is also extremely rare for anyone to be awarded full custody of a child in this country.
I'd book in mediation for as soon as you can. It's important to get a formalised parenting plan in place. You can then get that plan turned into court orders, that will protect you and your son.
Speak to legal aide too. They can give you all the ins and outs.
Do not believe these threats... that was before you had children and it sounds like you are in a much better place now :-) these threats are just a way to control you. I definately recommend mediation ASAP (like book it in Tuesday ASAP)! Don't enter into drama/arguments with him and just say it will all be discussed in mediation. Just have a reasonable plan in mind and compromise if reasonable but don't agree to anything you know won't suit bub's :-) Good luck with it... He will just look silly using your mental health against you when you clearly got it sorted!
No, he can't use it against you because if they subpoena your medical records and it shows a clean slate since then then he has nothing to work on. The Courts don't take one occasion into account and rule you incapable. It takes a lot more than that.
He is just being a nasty so and so and by what I have experienced he is being emotionally abusive.