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Would other family members be able to fight for custody if something happens to me?

The team from The Family Matters Show answer this question from the community:

“My ex-partner was violent to me and my children for 13 years and also sexually assaulted me. This has not gone to trial but I do have an AVO protecting the kids and me. I have 100% custody of the children and my ex is only allowed supervised fortnightly visits at Interrelate He’s only attempted to visit the children twice in the last 18 months and 2 out of 3 kids are too scared of him to attend. Question:

a. What happens if I were to suddenly die? Would my ex get custody rights to the children just because he is the father? Is there something I can put in place now to protect my children?
b. Would other family members be able to fight for custody if I were to die tomorrow?

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