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Unsavory new partner

How relevant is it?

My ex asked me for a divorce and to leave the house. I did so after receiving legal advice that this was in best interests of everyone. She moved her new partner in the week after I moved out. Ouch. Now, I knew of the person, both because he was her tennis coach and because I had personally taken calls from him for the ex. From the Melbourne Remand Centre. When I found out he was living with my ex, I asked her why he was in remand. Oh, it was all a silly misunderstanding. He had been out jogging, had to go the toilet, found an open school toilet and had been found by the security guard. All completely innocent, no one else involved, really just a misdemeanor. I was stunned and asked if it was all sorted out, to which she answered that it was.

I wasn't entirely convinced, so I rang some help lines and eventually made a report to Human Services. It turns out that he is a Registered Sex Offender and cannot be in direct supervision of children for eight years. DHS had him removed straight away and got my ex to sign an undertaking that he would not have contact with the children. I can't believe that she knew this before he moved in, but she has maintained the relationship since finding out. She believes that he has been unnecessarily and harshly punished for a trivial incident. She told me that he explained that loitering was a minor offence that was lumped together with more serious offences and they all had the same penalty. My basic research leads me to believe otherwise, not that I have told the ex that.

There were four incidents where he stayed overnight whilst I had the kids but then stayed in the house after my ex had left for work and the kids couldn't enter their home. I reported these to DHS as I felt she was not abiding by her undertaking. I asked her to consider moving out and letting me look after the kids after the last incident but she flatly refused. I sought mediation at the local FMC but they issued a certificate saying it was not suitable for mediation, the reason being her new partner.

My question is: how relevant would all this be to residency and my being able to take primary residency? The issues I have with her care are:

1. I believe she is frequently absent whilst seeing her partner, which means that the younger two children (11 and 14) are often left alone.

2. She is providing financial support to her new partner at, I believe, the expense of her children (ie, inadequate diet, unable to provide simple needs like new school bags)

3. I am concerned that she will allow the new partner to have contact with the children when she believes it is safe.

Would any of this matter in court?

Apart from that, it just makes more sense if she moves in with the new bloke and I move back and look after the kids. The vibe I have been getting from solicitors is not good. I feel like they are setting me up to accept whatever deal the ex offers.

Cheers, Kev
Kevin bogan I hope your ex goes to a doctor one day for a check up. If the bloke has been in jail he could have hepatitis or anything. Pity you and the ex were not better friends as you could move back in with the ex and the kids and look after the kids whilst the wife spends time elsewhere with her new bloke. She  will soon tire of him. Encouraged to try her hand in a few ways rather than committing too soon, your ex may discover someone much better suited to your tastes, as her next defacto.
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