My divorce was final several months ago. Through mediation, it was agreed upon that the father of my children was allowed monthly visitation with weekly telephonic contact. He was also ordered to pay a certain amount of child support every two weeks. He's yet to send any support, and never came to see the children. He'd always flake on visiting the kids. I did everything I could to facilitate visitation (went around his schedule), but he never followed through.

He has a history of domestic violence, as well as drug and alcohol abuse. He is frequently in jail for said crimes. He has been ordered to attend both alcohol and anger management classes by the court and has refused to do either-- needless to say he ended up in jail for this.

He doesn't have a job, nor a proper place to live (he crashes wherever he can). He goes missing for months and then pops up again-- he is very unstable in this manner. He's been extremely inconsistent with telephonic contact, as well. He'd go weeks without calling-- being we had mutual friends, I knew his whereabouts. There wasn't any reason why he couldn't call. I even changed the call time to try and accommodate him better-- and still, he failed to call a majority of the time.

Because of his history-- especially with the domestic violence-- I feel that he is a danger to the children. He was convicted on two different charges in less than six months, both of which have occurred in front of children. He doesn't seem to care who is present if his temper flares, or if the outburst is in public or behind closed doors. The last person he abused has permanent damage and couldn't work for nearly a month because what he had done to her... he had also violated a single order of protection on four separate occasions. I am not comfortable with him around the kids-- definitely on his own. We agreed to temporary supervised visitation, but even then, I feel he is a potential threat. I don't think supervision would ensure that he doesn't flip out. He was recently deemed to be an "extreme public threat" by a judge who was overseeing his last domestic violence case and was put in a maximum security jail with no bail.

One of my main concerns is his inconsistency. The children haven't seen him in a year and a half. They are quite young and have no idea who he is at this point, and I believe his inconsistencies will only confuse and upset them.
What are my chances of getting sole custody with no visitation, providing I show proof of all of this just outlined?

Also, he intends on moving back to his native European country. He just got out of jail and is requesting that we return to mediation to sort out some sort of visitation. (with him in Europe and us here in the states) Additionally, if I were to move to Europe with the children (different country), would the Arizona/United States laws apply there?

Also, he intends on moving back to his native European country. He just got out of jail and is requesting that we return to mediation to sort out some sort of visitation. (with him in Europe and us here in the states) Additionally, if I were to move to Europe with the children (different country), would the Arizona/United States laws apply there?[/QUOTE]

If you are returning to mediation you can bring up all your concerns and I hope you have everything documented. No judge will allow him visitation rights if he moves back to Europe and you remain here especially with his very difficult track record (and I say again, I hope you have your documentation to hold up your case).

Why would you want to move that close to him again (back in Europe, different country) where driving distance is just about the same as the US?

You have to decide what you want to do here, stay completely isolated from him and in a completely different country, or move back to Europe and be hounded.

I agree with tickel no judge will allow visitation rights to a man with that track record, if everything is documented. Do have an attorney? If not I would get one .As well please don't follow him back to his native country, the laws are different in Europe and with him being a native he may have more rights over there then you think.