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NSW How to Stop Ex from Telling Lies on Affidavit?

Discussion in 'Family Law Forum' started by Marge, 2 January 2017.

  1. Marge

    Marge Active Member

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    My son is a good man. His spouse has their son in her care and will only let him see the baby every 2 weeks for 2 hours.

    Before they split up, she was controlling, and my son did everything connected with the house, as well as holding down a very exhausting and responsible job as a Supervisor as he has a trade and has been rewarded. He cared for the baby - changing nappies, feeding, bathing, shopping, cleaning, washing all clothes, caring for dog, all cooking of all meals, while working himself as well, and renovating the house they had, making it a totally upgraded and modern house.

    He left the home when wife hit him. Now all the time he has been away from his son, she has made his life difficult by not letting him see his son. She has now signed an affidavit which my son's solicitor has just received, and it is full of lies about my son, stating that he is using drugs, is unreliable, and she is fearful of him with the baby, as he might physically and emotionally harm the child.

    It is so distressing for my son who adores this little boy as it is for me too. I have only seen him 3 times while her parents look after him when she is at work and mind him 24/7.

    I have been and still am a good mother and I'm so proud that my son is a good father (and mother) too. I am so worried for my son and his son, too.

    A date has been set for a family court hearing and how can she tell all these lies and get away with it? Surely there is something that can be done to stop her doing this?
     
  2. sammy01

    sammy01 Well-Known Member

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    What sort of court hearing? How old is the child?

    Call Relationships Australia and organise mediation. But in the meantime, realise that this is going to take a long time. I'm so sorry to hear what you and your son are going through.
     
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  3. MartyK

    MartyK Well-Known Member

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    An affidavit filed by the other side can be very hard to read, especially when its contents does not match your own accounts of the story. Just remember that this affidavit is only her version of events and will not necessarily be the version the Court agrees with and that your son will also have an opportunity to present his version and respond to her claims by filing a response affidavit. If he has a lawyer they should assist him to do this in the best possible way.

    The child is only an infant at this time so shared care is unlikely but this does not mean there cannot be a build up to it over time. Yes the court process is long and draining but this might not be such a bad thing in your sons case.

    There is not a lot of history, due to the child being only a baby, about either parent in terms of their capacity to care for the baby, or their willingness to co-parent, and if your son is a willing parent but the mother continues to oppose involvement of your son in their child's care, or does not follow the court orders, then this will be seen during the course of proceedings.

    Make sure your son follows any orders in relation to drug testing should the court decide this is required.
     
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  4. Marge

    Marge Active Member

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    Thank you very much for your replies. My son has a good soliciitor who is going to have him do his reply to all this. Baby is 18 months old and my son has been a better mother to him than she ever was.

    The court thing is an Initiating application and there is a financial statement from her, which is all horseshit and a notice of risk. Luckily, my son followed the advice of his solicitor and has documented every detail right from start and before. So he is levelheaded and a calm and kind person. He is such a good fellow, it breaks my heart to hear she is doing this to him and worst of all, depriving this little boy of having fun and special times with him.

    You may think I am like most mothers who defend their son no matter what, but I can honestly say he has only ever made me proud. He is a decent and caring man.
     
  5. James12

    James12 Member

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    Hi Sammy01,

    I have an analogy case but I had a bad run with my ex and her brother who has a couple of years of law firm experience.

    Anyway, I was able to remove him representing her. Finally I got court order to see my 3 kids under supervision. I have seen them for 4 sessions and each has cost me $90 an hour.

    Could you help to find other organisations that cost less or is there any alternative approach to see them, money wise while I am waiting for the independent child report?

    Please! Thanks in advance!
     
  6. sammy01

    sammy01 Well-Known Member

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    Sorry, nope. I don't know of any other organisations that do supervised visits cheaper. It is truly a horrid situation and I feel for you.
     
  7. James12

    James12 Member

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    Thanks Sammy01.
     

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