There is no truth in it. There has been no withholding of the children whatsoever. In fact, subsequent to the allegations we have consent orders giving 50/50 custody!
Perhaps both. I am self representing in family court. Could I run a case myself for defamation? Is it defamation? It has certainly had a hugely negative impact on my reputation at the school and in the local community. Life changing really.
I read that in order to have a hope of success I would need evidence of exactly what she had said. In other words i would need the school to tell me what the allegations were right? I imagine that they are unlikely to divulge this information and they may not be able to if it's covered by some kind of privacy.
Yep sounds good. But surely I can do the notice of concern and court application myself. Won't get a subpoena without a hearing ... are they likely to grant a hearing for such a matter? How would the court calculate damages?
Of course you can attempt DIY. I have no idea how well you will do. Get the concerns notice wrong, or your pleadings wrong, and you likely hamstring your own case and if you lose and she has high priced lawyers you'll be paying a significant portion of her costs.
FYI, you have 1 year from the date of 'publication' to initiate a defamation case.
Even the big boys get it wrong. Hockey went for broke and it cost him, even though he 'won' against Fairfax. The Tele the tried to amend their defense against Rush and were refused.
Damages in your situation are not going to be a windfall, likely more than $1,000, less than $100K if you are not a very high income earner and not prominent in the community. Though having said that I have no idea of what your reputation is worth.