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NSW Family Law and Defamation?

Discussion in 'Family Law Forum' started by Tambmax, 8 May 2015.

  1. Tambmax

    Tambmax Member

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    My partner has gone to hell and back from his ex, but finally they are going to try mediation. Her demands and acusations are rediculous. Recently tried to put an AVO on him but since withdrawn it but her solicitor has replied to ours. However, she has brought me into it when I have never met this woman saying I have a serious history of drug abuse and significant history of involvement with the police. She's never met me, doesn't know me. I feel this is defamation of my character. Her brother is particularly high in the police force so I have suspicion he has done a criminal record check where I have a terrible driving history. . For speeding only in result loss of drivers licence.

    Wondering my rights? Thanks in advance!
     
  2. Anubis

    Anubis Well-Known Member

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    Sure it is a slap in the face but really, just roll with it.

    Don't let it push your buttons and do the Court ordered urinalysis without batting an eyelid if it comes to that.

    If you get bolshy and independent children's lawyer might push a little harder. If you comply cheerily it just makes her look foolish and vindictive.

    If there is any recreational drug use...not suggesting there is...then the Court will work with that as long as there is a commitment to reduction and the numbers are going down in random urines.
     
  3. Tambmax

    Tambmax Member

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    Continuously doing this to us and personal attacks the buttons are getting warn, we know we are the better people and thats where the rediculous allegations are coming from as she is trying to get a bite.

    I'm 28 now. Used party drugs when we were 18-20s as all young party kids do. Things charge priorities change. That isnt relevant.
     
  4. Anubis

    Anubis Well-Known Member

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    Sure the attacks will really get everybody in the home down. Unfortunately it can be very hard to get someone to stop being vile and getting angry can just draw heat.

    Keep the home a sanctuary for the kids. The more she gets amped trying to make it bad, take joy in being even tempered. Try to not let the frustrations show in front of the kids. They pick it up like crazy and they should not be exposed to adult foolishness.

    There are several benefits to this approach.
    You stay sane and you support your ex.
    You maintain a relaxed house.
    You are seen by the Court as a cohesive, supportive family as opposed to the vindictive loopiness
    It will drive her crackers if she cannot get a rise out of you...

    Historical drug use is relevant to an extent. You would rather the Court knows about it and that there is no longer use than hiding it and having the Court draw an inference of dishonesty. If the Evil Ex has brought drug use into play then you really need to deal with it. All that happens is that someone buys the party pack for random urinalysis and everybody gets to play.

    What the Court would want to see is that the urines are clean or that the numbers go down with time and that counselling has been had. Not such a big deal unless it is an ongoing problem that puts the children at risk. That becomes an issue.
     
  5. AllForHer

    AllForHer Well-Known Member

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    I agree with the above.

    I'm a step-parent myself and continue to be subject to denigration in waves by my partner's ex-wife, but at the end of the day, if the allegations come back with no evidence to support them, they won't mean a thing in court.

    Stay the course, don't take the bait. It's very important to always present yourself as an innocent party in the matter, and at all time supportive of the kids, even if their mum is a bit unbalanced.
     
    moricz and Anubis like this.

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