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QLD Family Court - Ex Lied in Her Affidavit - What to Do?

Discussion in 'Family Law Forum' started by EmmaN, 21 January 2016.

  1. EmmaN

    EmmaN Well-Known Member

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    My partner's ex has lied in an affidavit and got approved for urgent recovery orders by saying he is an ice addict who physically abuses his 2 and 1/2-year-old daughter. The next family court date is 4th of March for him to be able to file his response and affidavit before then, but what could happen with that? She lied, and his daughter was taken away from him because of it.

    She moved to NSW without his permission and the family court is in Canberra, so it will cost $20,000 upwards for representation through a lawyer other than legal aid.

    Can he apply for legal aid in the ACT? Will she have any consequences with regards to her lies? She had lied all through her affidavit by saying she has never used drugs, he used to be abusive and is scared of him and we have proof otherwise. She also emailed him saying if he moved to her town, he could have 45% custody so she has contradicted herself.

    Will the Family Law judge look at these? I have messages from her telling me if he wants his daughter, he should get rid of me and put up with her being his girlfriend, even though my partner and I have an 8-month-old daughter and have been together for almost 2 years. She also has her own partner and is pregnant with her 3rd kid and only knows who one of the fathers is.

    The aboriginal legal aid lawyer we have seen here hasn't helped us and said he pretty much just needs to get what he is given or nothing.

    Any help would be appreciated.

    Thankyou.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Gasp, someone lying in family court? Never!

    Remember, the judges of the family court are among the most learned individuals in the country and they are certainly not strangers to the games former couples play, so don't get too worked up if you believe the affidavit to contain lies. It's all about credibility - if she has lied, it will be found out under cross-examination, so rather than enter into petty to-and-fro arguments about it, just let her do the damage for herself.

    In my view, the recovery order would have been granted because the child formerly lived with the mother and the sudden change to living with the father would have been considered disruptive to the child. As for the next court date, it's likely the father will be granted some time with the child, provided he requests it and it is reasonable and workable. If there's no DVO in place, no history of police involvement, no cases reported with the DHS, then her allegations of violence won't have a great deal of credibility.

    I do suggest applying for Legal Aid, even if he's not eligible at face value. The credentials of the case have an influence on Legal Aid grants, and if the father is not spending any time with the child at the moment, then it may be more inclined to take on the case.

    I want to add as well that the distance between the parties is going to be difficult to negotiate. Parents don't need 'permission' to move, as such, but it is frowned upon by the court for the residential parent to move a significant distance without consulting with the other parent. Unless you're willing to locate, or put up the very expensive and difficult fight of seeking a change in residency, you may have your best chance of pursuing orders that allow for half holidays and one or two weekends per school term.

    The mother will be looking at a very costly court battle here, so once she realises that a solicitor will cost $15,000 upwards, and a barrister will cost $8000 upwards, plus the cost of the court itself, she may be inclined to settle, and I imagine legal advice will tell her the same.
     
  3. EmmaN

    EmmaN Well-Known Member

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    She has moved from QLD to NSW without his knowledge as she told us it was for a funeral. He is willing to do whatever to get more time with his daughter as her mother doesn't seem to look at what's best for her, more on how she can control both of their lives.

    Does legal aid help if you live in another state? He has people who would like to write out statements of some sort to prove the abuse and lies otherwise, would that help? And is it allowed? His next date says 'mention or interim hearing' what does that mean exactly? Could the judge make a decision then or would it take longer?
     

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