QLD Defamation - malicious false reports to QPS and Dept. Child Safety

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Helen_FLDW

Member
26 March 2018
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Hello - I'm hoping someone might be able to tell me whether the following is considered defamation:

I'm currently a party of a very nasty custody battle in the Federal Circuit Court. The Dept. of Child Safety and Qld Police have just produced records through a subpoena and this is how I have become aware that my ex-husband has been making false reports about me to the police and child safety.

1. There are 7 child safety reports and 2 police reports
2. All of the reports are made directly after a specific conflict between me and my ex husband or within a couple of days before going to court
3. The Dept of Child Safety has closed each report, without investigtion or contacting me, under the determination that the report did not meet the threshold to investigte.

While nothing has come of any of these reports, when looking at them collectively it paints a concerning picture about me (ie. throw enough s**t against the wall and some of it will stick etc) and has already caused detrimental issues to my parenting matter in court.

I want to know if this is defamation or anyything that I can do to make him stop?

Thanks for your help,
 

Rod

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Helen_FLDW

Member
26 March 2018
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i only have redacted versions of the reports. in my parenting matter i can prove on the balance of probabilities that it s my ex. do i need to prove beyond a reasonable doubt in a defamation claim>?
 

sammy01

Well-Known Member
27 September 2015
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Hey Helen,
I wrote a pretty chilling rebuke to you on this thread
QLD - How Would Family Court Play Out?
Based on what you've said here - I reckon I know why you're opinion is what it is. But I think you're experience is clouding your judgement.

My advice is to forget about defamation. Its going no-where.
While you're at it - Maybe look at the way you're approaching the family law stuff. I understand you're feeling under attack from dad. Make you're case all about best interest of the child. NOTHING ELSE. If dad wants to attack you personally then he is damaging his case in family law.

Maybe ask yourself why there is conflict? Sure easy to just blame the other parent... Trust me - I've been there. My ex is still there. Everything is a battle - everything is my fault. Kids have a cold? it is dust allergies because my house isn't clean enough. Kids clothes are worn and torn. Dad doesn't care / is useless.... I used to engage in every argument. Got me no-where except my hair was all grey before I turned 40.... Now I just smile and nod.... It causes me no stress...

So let dad waste hours on the phone to child safety - it will go no-where and you can have a laugh at how his attempts to discredit you have failed.