WA FALSE FAMILY VIOLENCE ALLEGATIONS - PATERNAL ALIENATION & PERJURY BY MOTHER IN COURT

[GANDN2019]

My partner is going though Family Court for his two children aged 2 & 6. The reason being is that his ex, has completely alienated him from both Children, due to his 'illicit drug use' - described by his ex as DMT & LSD. this has been the on going theme of the alienation since the breakup in October 2018 - for the safety of the children, due to his behaviour which has been effected by the 'drugs'. This is a complete exaggeration and he is a great father.

He has attended the first hearing, in which the mother was asked to accept a hair follicle test to disprove the use of drugs for a 3 month period. she declined stating these tests can be falsified. Due to her since seeking legal advise, we believe she was told what he was told... if you do a hair follicle this blows out all doubt of drug use in the eyes of the court... so that strategy had fallen.

Since this time, she has filed her response to the court and in her affidavit (well after the deadline given in the first hearing therefore breaching the interim order) - she has detailed family violence as a reason for zero contact due to the safety of the children. (never mentioned this before) This is also 're-confirmed' in a application for a VRO which extends to both children (interim order is currently in place with court date in two weeks to get that dismissed) - substantial evidence that this is all fabricated - including video & audio recordings... plus holes in her stories and conflicting statements by Mother.

she has also filed a 'notice of abuse' to the child protection services. All under oath and all false statements which can be proven to be false.

to add - Father has agreed to do supervised visits in the interim, as this was a sure way of mother to 'agree' to visits (making it less pain staking in court) to allow access to his children that he hadn't seen for some time. including:

no telephone calls,
face to face meetings
not allowing photos to be shared with father (his ex sent some to fathers mum and demanded these not to be passed to a 'third party' aka the father) - text messages to confirm this ( we have evidence of pretty much all of her actions - which at the moment she is justifying - with the false statements)

Mother continues to breach the interim order by not turning up to changeovers arranged by the Supervisors, or making excuses that they are ill (and when they come they aren't ill) they have extra activities etc etc

basically - mother has taken the children from the father.... lied about the reasons why and will get caught out for lying due to undoubtable evidence against her. she has turned the eldest against the father and made him send videos of himself staying he doesn't want to see his father (he is 6 and these are recorded by Mother)

My questions are:

* will she likely be punished for lying in court - both in family court and the magistrates (VRO)

* will the false statements have a negative effect on her custody case (I know they dont use that word anymore but im unsure of term) as she seeks 100% on the grounds of these false statements (father seeks 50/50)

* due to the severe alienation - is it likely that the judge will order the father more spend time, albeit for a short period after the order is made, to ensure the relationship is re-established

* The notice of abuse will be followed up by Child Protection - if they find the report to be false, along with the VRO being dismissed - is this enough to squash the allegations in family court, or will he need to go through it all again

*What are the consequences of false alienation and the impact this has had on the children (caused by Mother)

Thank you

 

[sammy01]

Will she be punished? Nope. Not directly, but once her credibility is gone it will impact on her case.

Yep her false statements will be seen as parental alientation and will be detrimental to her cause.

Yes there are cases where dad gets 100 care for a period and then mum is re-introduced. Often courts order a nutter parent do a positive parenting course. If it is ongoing and mum refuses to play nice then parenting roles do get reversed. (please excuse the engendered language here - yep men can do it too. But you're asking about a dad being alienated - hence my langauge... Bloody political correctness)

Sadly, AVO / VRO are a common game plan in family law. I tend to advise to accept without admission because fighting the thing will cost $$$ in solicitors, keep that $$$ in the bank for family law. A small strategic retreat for the greater good. But other's here will chime in and give a different perspective

Consequences? Look sadly unless it is ongoing. Like as in years the courts don't do much, they can fine, and imprison a parent that continually refuses to follow court orders. Sadly, the system is slow kids turn 18 befor too long. But you're talking about very young kids, so lets stay calm... It is a long battle. For what it is worth, in my experience when one parent goes about alienating the other parent the person who suffers most in the long run is the perpetrator of the alienation. Kids hate hearing anyone saying bad stuff about their parents. So in my case the consequence is not a legal one. It is simply that the kids dont find mum credible. My advice - never say anything bad to the kids about their mum. They will appreciate it and they will compare it to what they hear from their mum and they can make up their own mind.

 

[Justice1]

I had a 2 week trial late last year I have 2 daughters to two mothers and they both accused me of multiple sexual assaults over the last 3 years, I was found not guilty of any of them worse 3 years of my life though, I was wonder if anyone has any evidenceagainst DHHS I want to get at least 7 people and start a civil class action law suit against them, in my case they allowed the mothers in the same room and asked my daughters leading questions and didnt comply with my subpoena. If you know on anyone else in same boat it would be helpful thanks

 

[ATE000Rosemary]

Will she be punished? Nope. Not directly, but once her credibility is gone it will impact on her case.

Yep her false statements will be seen as parental alientation and will be detrimental to her cause.

Yes there are cases where dad gets 100 care for a period and then mum is re-introduced. Often courts order a nutter parent do a positive parenting course. If it is ongoing and mum refuses to play nice then parenting roles do get reversed. (please excuse the engendered language here - yep men can do it too. But you're asking about a dad being alienated - hence my langauge... Bloody political correctness)

Sadly, AVO / VRO are a common game plan in family law. I tend to advise to accept without admission because fighting the thing will cost $$$ in solicitors, keep that $$$ in the bank for family law. A small strategic retreat for the greater good. But other's here will chime in and give a different perspective

Consequences? Look sadly unless it is ongoing. Like as in years the courts don't do much, they can fine, and imprison a parent that continually refuses to follow court orders. Sadly, the system is slow kids turn 18 befor too long. But you're talking about very young kids, so lets stay calm... It is a long battle. For what it is worth, in my experience when one parent goes about alienating the other parent the person who suffers most in the long run is the perpetrator of the alienation. Kids hate hearing anyone saying bad stuff about their parents. So in my case the consequence is not a legal one. It is simply that the kids dont find mum credible. My advice - never say anything bad to the kids about their mum. They will appreciate it and they will compare it to what they hear from their mum and they can make up their own mind.

Hi, is it enough just to do right thing just like you said never bad mouth kid's mum and they can compare to it from what they hear from his mum? If a kid resid with mother and she is narcissist. Will the kid can still end up become reasonable or will become someone like his mother ? Especially a narcissist is very good a manipulate and coached things into the way they want.