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VIC Are There Penalties for Making False Statements in an Affidavit?

Discussion in 'Family Law Forum' started by Jace, 30 March 2016.

  1. Jace

    Jace Well-Known Member

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    Are there any penalties for making false statements in an affidavit? I thought it was perjury and there are heavy penalties for it.

    I served an Initiating Application to the other party on 24th December 2015. Today (30th March 2016) I received a response from her lawyer. The court date is tomorrow (31st March 2016).

    She made a false statement in her affidavit. Well, many false statements. But one in particular that says she has never been in a relationship since we broke up in October 2011. I have copies of emails between her and this other person that proves she was in a relationship between April and December 2015.

    So... are there any penalties for knowingly and willfully making a false statement via affidavit to the court?
     
  2. Hope this helps

    Hope this helps Well-Known Member

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    Yes, of course there are penalties under all legal and court Docs. Including verbal. However, whether the judge disregards, points it out, cares to clarify the situation or classes it as a major or trivial thing compared to the real/ important issues at hand, is up to the Judge's discretion.

    Besides, whatever you defy as a intimate sexual relationships, compared to a sex email, or a close friendship, etc. is your perspective. The Judge from your ex-partner's perspective may differ. Besides affidavits are made in 'good faith' to the best of your knowledge to be true.

    Remember there are many interpretations of the law, truth, and each of us have a different perspective including the Judge. So it depends solely upon the Judge at hand.

    Why are you hacking in and think you have a right to invade your partners or anyone's personal mail?

    This is also illegal.
     
  3. Jace

    Jace Well-Known Member

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    I know it would be if I actually did that.

    She used to use my phone as her own phone. I found the phone in storage a couple of months ago. I turned it on and it was still logged into her emails, and one popped up on the screen (new email notification) and I opened it.

    Also to note that this is a Parenting Order case, and Section 69ZT of the Family Law Act suggests that the usual methods of finding evidence don't actually apply (in certain circumstances, blah blah blah, etc).
     
  4. Hope this helps

    Hope this helps Well-Known Member

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    My apologies. I should state that hacking by either yourself or through another person from someone's private email is also illegal.
     
  5. Hope this helps

    Hope this helps Well-Known Member

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    I already know it's a parenting order judging by your statement that your ex-partner had made burnout false statements where you were concerned but the most upsetting one to you regarding her having a 'relationship with another person' is a normal and usual response when couples are trying to attack the other and haven't gotten over the other person emotions of jealousy, distrust, anger, etc. run deep.

    Hence, why I stated whether the Judges view of the other partner having a relationship of any kind with another person as major or minor or nothing at all is at the discretion of the Judge and that is if they have at all based on email content.

    In family court, issues the judge is only interested in the well-being of the child/children. Children are the number one priority in family court and will judge along the basis of what is best for the child/children. Not personal vindictive anger, jealousy and emotional issues one partner has with each other.

    It is expected of both parents to put aside their differences and concentrate solely on prioritising the child/children. What is best for them. Both parents are seen as vital to the development of the child/children.

    Family court is not there to act, or to be used as a means of 'getting back ' at the other partner.

    Ask yourself, as this is what the Judge will be more interested in. Is the parent a good father, a mother? Do they place the care and well-being of the child/children first before themselves? Are the children safe and live in a secure, stable environment?

    One thing Judges will not allow or tolerate is each parent subjecting the child/children to degrading comments about the other parent. Using child/ ren as a go-between messenger or for revenge tactics, etc.

    Opening and reading someone else's personal emails is still an invasion of privacy. Just as it is illegal to open up another person mail address in their name and read the content. You have no authority nor control of your ex-partner just as your partner has no control over you or authority. Respect each other as individuals just as the child/children must be treated with respect.

    You may not have any respect for your partner but you must be respectful. That applies to all persons including yourself.
     
  6. Jace

    Jace Well-Known Member

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    Yeah I know, and I appreciate your comments.

    Just to clarify, though - I have no issues with her being in another relationship. Everything blew up when I started a new relationship, my ex got upset at me for it, and texted me saying "Don't expect her to ever meet my son, and don't expect to be much in his life anymore."

    Basically, she's included in her responding affidavit and notice of risk that I have a history of violence and abuse towards her and our child. I haven't done any such thing and am actually a loud advocate against things of this nature. I bring up the issue of her lying about her other relationship because it shows that she's willing to lie about things to get what she wants. Everything I have presented is based purely on facts because I know there're penalties for falsifying a sworn statement / affidavit.

    All I want is to see my son. That's all. And she's doing everything she possibly can to keep me away from him.
     
  7. AllForHer

    AllForHer Well-Known Member

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    Legally, yes, it is a crime to make false statements in an affidavit.

    However, will this person be charged with perjury? Unlikely, and more unlikely again in family law cases. You're better off focusing your time on responding to and discrediting the affidavit, than trying to have the deponent legally punished.
     
  8. Hope this helps

    Hope this helps Well-Known Member

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    Whatever the situation or issue between you both, the judge will determine what material is before them including the characteristics/ behaviour of both parents. The judge can order a court-appointed social worker, counsellor assessment report where you, ex-partner, child/children are individually seen.

    In the case of any acts of Domestic Violence whether verbal, financial, physical, emotional, or mentally made against the mother and/or the child will have to be proven and supervised contact will be placed whether this is at a centre or a relative/ friend. Either way, you will obtain contact and to what extent is at the judge's discretion.

    In family law, as I have stated many a time, the child is the top priority and the number one concern. Parents are secondary. Family courts know the importance that both parents are equally important to the child's development and will arrange for the child to have contact of some measure with conditions in the ' best interest of the child/children'.

    Forget your issues with the other parent and wasting court's time! Turn your mind on objectively thinking in the best interest of the child/children.
     
  9. Jace

    Jace Well-Known Member

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    I'm trying to think of the best interests of our son. The parenting order, I wrote it myself, and spent many many hours refining it to make sure it's in the best interests of not only our son, but also fair to both parents. I've read the Family Law Act and applied those points and principles to the parenting order.

    I've just found out today that the lawyer representing her tomorrow is a barrister, funded entirely by legal aid. She's also accusing me of violence and abuse during our relationship (which I've never done and am a loud advocate against), and has only let me see him twice, for an hour each time, since November.

    She's going to a hell of a lot of effort to keep my son and I apart. A barrister? Accusations of abuse and violence, only of which were ever first reported 5 days after she was served with the initiating application for the parenting order? All I want is to have a good relationship with my son. That's all.
     
  10. Hope this helps

    Hope this helps Well-Known Member

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    Don't be intimidated by a Barrister. You're going to go to court so you can spend as much time as possible. Whether or not you have been accused or committed domestic violence just re- read my previous note.

    When thinking of what you would like in the way of contact (and I don't know the age of your son) you can asked to have time on Father's Day, your birthday and his birthday. Xmas, Easter,1/2 school holidays, every second weekend or whatever works in with your or alter nice week on week off, depending upon your work if you are working. If he's close to your parents then state this, "however they themselves including uncles and aunties can make an Application to spend time with your son."

    If your son plays sports or has some outside school activity, you must be able to maintain his routine. It is against the law to leave a child 10 and under left alone at home, so don't do this. Know his routine when it comes to school work, study time, bedtime, extra activities and interests he is currently doing. If he is a young toddler, then you will have to have a child friendly home plus the child must have a room of his own.

    Don't worry about going up against a Barrister. If you are honest, then listen carefully and take time to think before you speak . Some judges will give you allowances for representing yourself, others won't so bottom line, think and appear ' in the best interest of the child'. Good luck.

    If you weren't going to court tomorrow, I would have suggested doing a parenting course with Relationship Australia. Still check out this course because it is very good. Obtain a book explaining the development of 1-12 yr olds and teen years.

    All the best and I would be interested to hear how you went. You can only do your best!

    The court room is the Judge's domain. They are the ones who will make the decisions.
     

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