NSW Separation advice for father with kids, threats from mother

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william1976

Member
22 January 2020
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0
1
Hi all,

I am a father of 3 kids aged 9yo, 5yo and 6 months old. She is 38 and im 43

I have just started a well paying job full time after a year of sporadic work. De facto is on maternity leave at the moment

She wants separation and has demanded I leave house and kids with her, which we bought together 5 years ago. We have been in de facto relationship for 11 years and rented prior to buying the house. I have been paying about 70-80% of costs (mortgage, bills, child costs etc) on average as she has been working part time due to young kids at home that she cares for.

She has been very abusive and manipulative including triangulating the kids in arguments when i have been trying to get away from her during her rages. She often tries to block my path while staring me down and dares me to touch her. I got 15 min free legal aid advise a month ago to stay in the house until we negotiate a settlement, if I can tolerate it.

I told her im staying in the house while we separate and I can either cordon off a small section of the house for myself or move into the garage because I don't have enough money to pay the mortgage AND rent at the same time. The response from her was rage, accusations, and threatening text messages. She then said she will move out "happily" in a years time but for now I should "do what is right" and get out of the house and stay away.

She has fabricated scenarios where she calls her father to come over and sleep in our house because she "doesn't feel safe in the house with me". She has done this numerous times and tells him that i was being verbally abusive and dangerous.

She has accused me of abuse and manipulation (which she does to me covertly) and told my friends that she is afraid of me; they saw through it luckily. They have supported me brilliantly and know what she is like

I have never been violent with her or the kids in any way and have no prior court orders or anything like that

She has always played the victim and her family enables her behaviour.

Her mother has been trying to convince her to get an AVO against me behind my back while being very polite to my face. Mother has a history of meddling in others relationships and has left a trail of destruction in her wake. Father is complete submissive and controlled by her mother.

De facto partner accessed my phone and deleted her abusive and threatening text messages but i have screenshots as evidence should I need it. She read private correspondence between me and friends and family.

She is refusing to discuss or negotiate anything related to the separation; Mediation is next month.

So my questions are as follows:

1. Could I place a lock on the door to the downstairs room to stop her from entering to start arguments with me? i can move into the garage but there is no toilet or shower in there. I don't have a lot of money to spend to install them. I really cannot afford to pay for her lifestyle and for my rent at the same time.

2. Should I be concerned about her lies regarding my alleged abuse? She hasn't gone to the police at any stage or atleast I think that is the case. She might be trying to scare me out of the house. I have been staying calm and cool as possible.

3. She is demanding I pay the mortgage and bills even if I move out but she is not willing to show me her account and i don't know what she is paying for at the moment. I suspect she is saving the money for herself. I know that she has just spent $550 on online dating app yet she tells everyone how poor she is and that i dont give her any money. What is considered fair in the eyes of the court in this case?

4. I try to ignore her rage and threats against me, but should I report them to the police? I have plenty of evidence in the form of text messages. I fear it will aggravate her further and she will go ballistic. This terrifies the kids and want to avoid this if possible.

5. I think she will tell many lies during mediation. She is very charming and convincing and I am sure she will fool a less experienced mediator; She fooled me for 10 years and i'm not stupid! Does this have repercussions for me or is mediation discussions not factored into the family court proceedings?

6. Anything else I need to consider?

Thank for listening,

William
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
1. do nothing.
2. do nothing.
Nothing is important. AVO's are insanely easy to get. "on the grounds of probability" that is it. NOT beyond reasonable doubt.

So get yourself to mediation but don't expect much.
So you need to make a plan. How do you want this to work out? What sort of time do you want with the kids? mate the biggest issue is the youngest one. But given the 5 year gap between the kids, I reckon there is no reason why you shouldn't be looking at close to 50/50 with the two eldest kids.

Go to your doctor - you can ask for some free visits with a psychologist. GOOD idea. Look after your mental health.

Can you give me a bit more information about here actions... You might want to consider applying for an avo against her. How would you go if you had the older kids 100% of the time? You could apply for an avo with the kids protected as well and you can ask that one of the stipulations is that she can't come near the house.

So to answer your questions
1. Don't bother locking up or moving into the garage. Try and keep things as normal as possible for the minute. Remember do NOTHING. WHY? well what ever you do will be the wrong thing. Don't believe me? then ask her.... She will tell you it is wrong...
2. Yep you should be concerned about the alleged abuse. BUT guess what? An avo (if she were to get one) just might be a good thing? Sounds crazy, but when I was in your situation my ex took an avo against me. I could not talk to her, go near her etc. I was homeless.... It was terrible at the time. BUT I had 12 months where it was illegal to talk to my ex. It was awesome. Within two weeks she was sending me messages, telling me that if I agreed to change, stop drinking, get counselling, learn to communicate blah blah she would let me come back.... Just like every other fight, all MY fault.... BUT the avo meant I wasn't allowed to talk to her. IT was over. GOOD... But let's not worry about that yet.

3. Did I mention - do nothing. Don't talk about money.

4. Good ignore her.

5. Mediation is just a chance to get an agreement about the kids. It means nothing. She can lie all she wants. Mediatiors don't make decisions. They facilitate so that an agreement can be made moving forward. What has happened in the past is irrelevant and is also irrelevant IF this goes to court.

6. MAKE a plan. Like i said, work out what you want your future to look like and work towards that. Maybe agree to leave the house IF she agrees to put it on the market and agrees to the terms you want around the two older kids? But you need to work that out. It is your plan...
 

smallcat

Well-Known Member
8 January 2020
33
0
121
Hi William, we are on the same boat (or in a pretty simillar situation).
This is my thread: NSW - Is it legal for my wife to hide out with my 2-yo kid without telling me?

She moved out with her mother and the kid, and occupied our investment property so we lost the rental income. Of course she stopped her mortgage contribution as well.
She physically and verbally abused me but telling lies to everyone including the police.

Can we private message? Love to discuss the plan before taking actions.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Hey smallcat / william, happy to chat if you need. BUT this site doesn't do private messaging. you can find me at [email protected]
OR go to mensline - see if you can navigate to find their forum... You can contact me there.
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
I largely agree with Sammy, particularly the suggestion of an AVO. If what you are saying is accurate and you feel you can cope with looking after the kids, you'd probably be within your rights to apply for one. And it sounds like if you don't do it, she likely will. And although it's just sad for all involved, trust me, you are better off getting in first and getting one if there is a chance she will take one out on you. If she takes one out on you, you will be evicted from your house, potentially lose your rights to your personal belongings (this is what happened to me and I'm still trying to get them back 18 months later) and potentially separated from your children too, at least until family law proceedings get going. The system should never have been designed to work this way, but since that's the game we all have to play, I can only suggest you get in first if you have a valid case against her and she is likely to apply for one against you. Obviously this will majorly increase tensions between you and your partner though, so be prepared for that side too.

AVOs are the nuclear option, but just like with real nukes, both sides are going to suffer in the fallout, but the one who 'launches first' is likely to be better off.
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
Look, re-reading my above message, I just wanted to say one further thing. Only you know what's best for yourself and your family. My advice comes from having experienced being on the receiving end of an AVO for things I was wrongfully accused of. My ex twisted the truth and only told half the story to make me sound like the bad guy. I actually probably had more of a case against her than she did against me, but before receiving the AVO, I would NEVER have considered taking one out on her because I thought that realistically neither of us had done anything seriously wrong and that we could work things out between us. How wrong I was. Only with the benefit of hindsight do I see how emotionally abusive and manipulative she had been towards me, and that I should have protected myself before it was too late.

Like I said, only you know what's best given your situation, but just think about it before acting. 1. Do you have a case against her of emotional, psychological, economic or physical abuse? To me it sounds like you do. 2. If you do get one, what will the consequences be for you and your children? 3. If she gets one first, what will the consequences be for you and your children? Those three factors are very important to consider.
 

smallcat

Well-Known Member
8 January 2020
33
0
121
Hi GlassHalfFull, I know where you're coming from, but as a person suffering in a relationship with someone who is unreasonable, I'm always afraid of getting revenged by my partner who is pissed off. (like getting AVO, taking the case to court....)

For example, if I am a doctor and pissed off my partner during divorce, will she report to the Medical Board about my incompliance? What if she keeps spreading fake news that I hurt my patients intentionally? Will she write fake reviews on HealthEngine and Google?

These are all possible and can destroy a man completely.