NSW How to ensure a loan is repaid when the Family Court make Final Orders

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ROBBIE12

Active Member
17 July 2021
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31
Background: I am the parent of a daughter whomI loaned $300k to allow her to pay lawyers in her very litigious divorce. A loan agreement was signed. My daughter developed a severe mental illness. She for some months been uncontactable. The illness is long term. The liquidated property pool is $1m - $2m and is held in a solicitor trust to be distributed to the divorcees at final Parenting and Property hearing at end of this year. Before her illness, my daughter would have repaid me the loan from the money she receives at final hearing. Now I cannot assume she is going to facilitate anything, and may even be obstructive due to her illness. I stand to lose $300k. The Family Court is aware of the loan however, there are no court orders addressing this money in respect of my loan. I am currently not a party in the matter. Second-hand, I have heard that the Court has requested my daughter to obtain a psychiatric assessment to ascertain her capacity in the matter. However she has refused to cooperate.

I want to engage with the Court as a grandmother to the children to regain access to the children. I understand I can be a third party and apply to join the proceedings by filing application to have the court order to release this money to me at Final Hearing. Does this seem sound? Is there any other way I can ensure that the debt is paid to me? I have attached a copy of the loan agreement.
 

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  • 2nd loan agreement-2.pdf
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ROBBIE12

Active Member
17 July 2021
14
0
31
Sorry. There are 3 loan agreements that total $300k. I just sent one. We placed a caveat on the property. So the property was sold and the money was placed with a solicitor in trust awaiting Family court decisions. Final trial set for end of year.
 

ROBBIE12

Active Member
17 July 2021
14
0
31
The daughter is absent. She is uncontactable, even her ex cannot get her. And he now has full custody of the children. This situation likely to remain for foreseeable future. There is not much to negotiate regarding the debt. But if you are referring to access to children then, I am now seeing children with permission of a reluctant daughter's ex. partner.

Is it a problem that my daughter is abscent?Can I still get Court to make decision on the debt?