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QLD Family Law - Possible to Sue Ex-partner's Sister and Husband?

Discussion in 'Family Law Forum' started by DazzaJ, 8 March 2016.

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  1. DazzaJ

    DazzaJ Member

    8 March 2016
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    My wife and I separated this year. This was after I had found out she was receiving sexual text messages from her boss in the public service. She was willfully replying to his messages. I made an official complaint about his behavior to his work. The results of this complaint was that he had done nothing wrong, but they did tell me he was doing this on his public service work phone.

    So I made another complaint about him using his work phone in such a manner. After I made the 2nd complaint, my wife then refused me any visitation rights. I have been told legally under Family Law that she had no right to do this, especially considering I was the primary carer of our children. She then made up a revengeful domestic violence application. (She has since withdrawn this.)

    My wife after this would only let me see my children at a time that she suggested and only with her and her sister present. This lasted for nearly 2 weeks. I found this totally humiliating and very distressing. She even let her brother-in-law pick our youngest child up from kindy. (I live 5 minutes up the road) I feel I should be able to sue my ex-partner's sister and husband for they helped keep my children away from me and caused emotional distress for myself and my 3 children.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    You won't be able to sue them, don't waste your time trying. To be quite frank, your ex would have been quite right to get a domestic violence order against you and naming her boss as an associate of the aggrieved considering you harassed him on more than one occasion through his employer. Being a taxpayer doesn't give you any right to act that way, and the fact that you have asked about how to sue for damages rather than how to spend more time with the kids speaks volumes about the situation, so let's not pretend your actions were anything other than hurt feelings about your ex's unsavoury behaviour.

    Now it's time to forget all the bad blood and start looking at the children's care arrangements.

    Your first step is to contact Legal Aid to discuss organising a family dispute resolution conference with your ex to try and negotiate a parenting plan for when you spend time with the kids. Without a parenting plan that's been made into consent orders, your ex can withhold the kids for as much and as often as she likes, so it's important you start making moves to give the kids some stability.

    If you can't reach an agreement during family dispute resolution, or she refuses to participate, then you can apply to the court for parenting orders, but the first step is family dispute resolution.

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