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NSW Family Law - Severing Legal Bond Between Parents and Child?

Discussion in 'Wills and Estate Planning Law Forum' started by Johnius Smith, 6 December 2017 at 11:43 PM.

  1. Johnius Smith

    Johnius Smith Member

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    Hello,

    It is unfortunate that I make this (and I will not go into clarification about what happened or whether or not I should move out, that is not the purpose of this thread so don't tell me to change my mind), but I have decided after pretty much the first quarter of my life living with my parents that they are toxic, narcissistic abusive people whom I desire to go no contact with once I can save up enough to move out.

    I'm still figuring a lot of other stuff out so I haven't done proper research about this, but I was just wondering if anyone could give me a brief outline. What are some of the legal requirements that bond parents to children after they move out? I think it's better for my health and mental sanity to go completely no contact, but I worry I will have legal issues (like wills, looking after them when they get old) etc etc to attend to and would like to know of them in advance.

    Can an adult just move away from parents and never contact them again? Or are they legally required to be in contact for things like reading of the will, etc?

    Is it just the will that legally binds parents/children, or are there other legal responsibilities?

    Is there anyway to completely reject the will (basically fill out legal paperwork to abstain from it now, and in the future should your parents pass, and just be completely legally free of obligations) and move away, without any legal things pulling you back?

    Are children legally required to pay for parents nursing care once in old age? If parents pass away with outstanding legal issues, will the child be contacted? Is there any way to sever that family legal bonding and be free of any legal obligations under family law?

    Even though I'd be pretty much penniless and probably working overtime to pay the rent if I do move out so it won't be a party for me either, I honestly think it's come to the situation where that reality is better for my mental health and sanity than staying at home.

    Thank you.
     
  2. Tim W

    Tim W Lawyer
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    How old are you now?
    Are you a psych patient yourself?
    Do you have financial independence from them (such as a job)?
     
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  3. Johnius Smith

    Johnius Smith Member

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    I don't think it's wise to say the exact age, but I am over eighteen. No and yes.
     
  4. Tim W

    Tim W Lawyer
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    It seems that you are a sound-minded free adult.
    If that's all there is to it, then you can move any time you want, to anywhere you want.
    What have you been told, the accuracy of which you want to check?
     
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  5. Johnius Smith

    Johnius Smith Member

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    I'm very scatterbrained so I don't know much, but a few points that come to me as troublesome in the future are:

    1. What will happen when they write the will? Do they need my signature or any identification or any legal consent to include me in the will, to what extent, etc.?

    2. What happens once the will is written/they wish to conduct a hearing before death, and I happen to be on it? (I know I'm not being left anything valuable, but I think it's unlikely they'll write me out completely, and I might have legal obligations there) Can they find me/do I have to be there?

    Will a lawyer/police/real estate agent find me?? If I do, is there anything I could sign to get put of it?

    3. What happens if they wish to pass property or assets onto me? (Unlikely, but I think they favour my siblings enough for it to affect them, and they wish to move out asap as well.) Will a real estate agent/lawyer/police find me? Is there anything I could sign now to ensure that future harrassment doesn't happen?

    4. What if I've explained everything in detail to them, have a livable location and stable income and leave, but they refuse that decision/call the police and say I ran away or something, could I be legally brought back to them? Should I go to the local police office and explain the situation in advance so they know what to expect?

    5. In the future, when I have private business of my own (business with lawyers, real estate agents, or any professional network) and my parents harass them for my personal details (address, phone number, email, etc) and the professional body/maybe one lawyer gives it to their lawyer etc, is there any legal action I could take against that on grounds of giving out my personal information without my consent? What if it's verbally or something very hard to prove?

    6. Can I obtain a restraining order? I hear that you have to have evidence of abuse before that could be obtained. But for most of my childhood I tried to keep myself strong/the house together for me and my siblings, and although it's pushed me to the point where I think I'm better of elsewhere. I didn't actually leave any evidence/I managed to not get any mental illnesses or disorders I think, from being abused, so there's no 'hard evidence', just me saying

    I really do not wish for them to be anywhere near me and it could have a negative impact on my health and mental well-being if it did occur.

    7. If my parents tried to find where I lived/call me/stop me in the street etc, could I take any legal action against that? Does it count as stalking or harassment? Would the law take me seriously since they are my 'parents'?

    8. If my parents decided to ruin my reputation afterwards, is there any legal action I could take? Especially as I'm unlikely to be earning big savings anytime soon, so is there government aid/help for those type of legal issues? (Or do I just have to deal with being screwed over cause I'm poor)

    Those are all the points that are on my mind and I can think of at the moment, though I have no doubt there are more. But any information on the rough scope of things would help a lot.
     
  6. Rob Legat - SBPL

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    1. They don't need any of that sort of thing.

    2. Once the will is written, you don't need to do anything. If they die leaving you something, you can refuse it. The executor of the estate/solicitor acting for the estate will try to find you to make contact.

    3. No.

    4. Unless you're under some sort of protective order, they can't override your decisions as you're an adult.

    5. Too hard to tell. However, you do have privacy rights.

    6. Maybe, but unlikely unless there's some sort of unlawful activity you're afraid of. Simply asking not to be contacted is probably insufficient, especially if it's your family. Not my area, though.

    7. Probably not. See 6.

    8. Defamation actions, depending on the nature of the event. You won't get aid for that, they're notoriously hard to pull off, and usually not worth it. You'll more than likely have to suck it up, same as just about everyone else.
     
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