Donate Child Support Calculator
Skip navigation

Help me please

Add Topic

Custodial parent now homeless and doesn't have child's best interests in mind

Where do I start???  In a nutshell, I left my ex 6 years ago.  Due to the emotional abuse, I was emotionally weak, and had no money.  At the time, I thought it was in the best interests of my 6 year old daughter to leave her with him, as I had no money and nowhere to go. (My ex had also been falsely claiming Sole Parents Pension for almost 2 years, so he said he needed her for the money).  In hindsight, I know that I would have been better off taking her with me, staing in bedsitters, caravans etc.  grrr

Anyway latest is that he is now homeless and I have brick tile house, providing her with more stable environment.  He has never had her best interests at heart, he only uses her for the money he gets from Sole Parent - and to get back at me.  Last year, we went through an ugly custody battle, where he constantly lied in his affidavits.  Although I proved his lies, status quo ruled in his favour.  My daughter was interviewd by a court counsellor, and once again (due to his Parental Alienation - she turned on me, and made me out to be the bad parent - which I am not)  She is now 12, and although the best thing for her would be to be with her mother (me).  I saw my lawyer yesterday, but the fact that he is homeless means nothing to the courts.  Now I find out that he lied (as usual) to her school.  She was stung by a bee on her fingertip, (she is allergic to them).  My daughter told school she was allergic, but there was no sign of his on her medical records.  School rings ex, and he flatly denies she is allergic to them!!  (This is written in the school incident report) He couldn't even be bothered collecting her from school and seeing a pharmacist.  Luckily that night, she went to her grandmother's who got antihistamine.  A week later, my daughter still couldn't write as her hand was badly swollen.  Isn't there some way the courts may rule in my favour as he failed to provide ANY medical treatment, as well as lying about her condition?  I'm at my wits end.  I need to save her from his "cultlike" behaviour before she suffers any more.  She is totally brainwashed by him.
Hi Julie248

You raise quite a considerable number of issues in your post. The first question I would raise is when you say that he is homeless, do you mean actually living on the street or now living at his parents or some type of emergency accommodation. I would say that if your ex is living on the streets with your daughter then that would mean a great deal to the courts, have you had a read of Section 60CC of the Family Law Act?

I can see a bit of emotion in your post, and I fully understand why, don't get me wrong, but make sure you stay focused on the big picture, try and stay calm and focused.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Thanks LP - Yes there is lots of emotion involved, but I am focussed on what is best for her.  He found a free bus wreck on a block, so is living in that, while my daughter is farmed out to grandparents.  So I suppose he has the school holidays to fix the bus up.  He honestly does not have her interests at heart.  He used to keep her up late when he went to theracetrack (10.30pm on schoolnight), moved 3 hours away without my consent and secretly put her alone on the bus trip (when she was 10) for 3 hours, to send her up to stay with relatives.  I have her every second weekend, and the weeknd I don't have her, he sends her 3 hours away to stay with other relatives, as he doesn't like spending time with her.  Same goes on holidays - he doesn't see her for 2 weeks as he farms her out.  The PAS she suffers is getting worse.
No problems. I see that you say you need to save your daughter, but how are you looking at doing this? what are you looking at achieving? If it is a change in the current orders then you have the Rice and Asplund test which you will have to overcome, especially seeing the orders from the court are relatively fresh. A little more info (without divulging any personal specifics) will help in pointing you in the right direction. 

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Basically, I want my daughter to live with me, instead of being dominated and brainwashed by her father - which is what he did to me.  I will google the Rice and Asplund Test now as I have never heard of it before.  What other specifics would you like to know?

Moderator Note
There is a Rice and Asplund forum on this site:

Be careful about what 'specifics' you post. Currently you are posting in public and not private forums.
It may be worthwhile for you to make application to join SRL-Resources where you will be able to enter the private forums. Click on the Community Tab at the top of the page and then click on SRL-Resources. 

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
1 guest and 0 members have just viewed this.

Recent Tweets