QLD Can I Cross-examine Ex on Her Original Affidavit?

[Lennon]

I am in the middle of Federal Circuit Court parenting proceedings. Although I am the father and I am the one who wants orders, the proceedings were commenced by my ex because she thought I was going to commence proceedings in my State (I'm in WA so this was impossible, but I digress).

My ex filed an affidavit in support of the originating application. It is absolutely full of lies, most of which I have responded to in the affidavit I filed with my Response.

My concern is that if we are ordered to file new or consolidated affidavits before trial, and she corrects all of the lies she told in her original affidavit, will I still be able to cross-examine her about her original affidavit?

If I am able to cross-examine her about her original affidavit her credit will be destroyed, which will be very important for me at trial.

 

[AllForHer]

Yes, of course, and it would be prudent that you do so if her affidavits are contradictory. It can affect her credibility as a witness overall.

 

[Lennon]

Thanks very much!

The lies relate to fairly major things, for example she says her income is only $25k. I subpoenaed her latest finance application and supporting documents, and her income in those documents is stated to be $90k. A major issue in the proceedings is the cost of travel, which she says she con't contribute to because of her low income.

I almost want it to get to trial just to see her try to explain the difference in her affidavit v her loan application (made 3 days after her affidavit).

 

[AllForHer]

Well, I would say that is certainly relevant for who pays travel costs. Who decided to relocate - you or her? Did you consent? Are you seeking a 50/50 split of costs?

 

[Lennon]

It is a bit complicated. We moved inter-State together but we separated less than a year later. She then became determined to return to our State of origin. I got some pretty rubbish legal advice, and we signed parenting orders saying that I did not consent but would not take steps to prevent her relocating.

The children were young then, so for the first few years I did all the travel, and paid for it all. Now they are old enough to travel unaccompanied they have been coming to spend time with me, but she won't contribute to the cost of airfares and she objects to them spending time with me more than once a year (although she has now indicated she will agree to them spending time with me twice a year).

I am seeking an order that we share airfares, she is seeking an order that I pay for all of them.

I pay over $25k per annum child support, there is no history of violence, drug use etc. The kids and I are close. She hasn't given any explanation for why she won't agree to them seeing me every holidays.

Sorry, I should say we signed a parenting plan. There are no orders.

 

[AllForHer]

Well, I would say there's a pretty good chance that you'll get most of every holidays, plus maybe long weekends, and certainly seek 50/50 travel costs since it was her decision to relocate.

 

[Lennon]

I hope so. At this stage it is all more or less going her way, because the Judge has not read any of the material that has been filed, and has only made interim orders based on what we were both prepared to agree to.

My ex was only prepared to agree to me seeing them 9 days in July and 14 days in December, and only if I pay, so those are the only orders at the moment. She obviously feels like she is "winning" because of this, and has not been given any words of caution about her terrible affidavit.

I am staying focused on the big picture/final orders.