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NSW Inappropriate Relationships between Family Members?

Discussion in 'Family Law Forum' started by rikki stranlund, 11 January 2015.

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  1. rikki stranlund

    rikki stranlund Active Member

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    I am posting a question for my current partner. So here goes.

    My partner had a child to a woman years before he married his then current wife. The child eventually had interactions with his biological father and they both were trying to build somewhat of a father-son relationship. The father being married to his then-wife conceived and have 5 daughters who have considered the father's biological son as to be their brother.

    While the father was out of State working, the biological son has had sexual relations with his father's wife. The father eventually became aware to his wife's sexual encounters with his biological son to another woman by his daughter catching her mum and brother in the act. Now the wife has placed an avo on her husband to restrict him being within a 1kilometre radius from the family home, which also has stopped him in seeing and having contact with his children.

    Isn't it morally and legally wrong under family law for the son to live in a dwelling and have sexual relations with his mother-in-law whilst his sisters are seeing their mum sleep and have relations with their brother?

    Please help.
     
  2. Tracy B

    Tracy B Well-Known Member

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    May I ask if this is a real-life situation or a hypothetical question?

    In any event, in relation to incest:

    1. Whether it is morally wrong? That depends on who you're asking and individual opinions. There is much debate in the news and academia in response to your question: see The Telegraph article and this Guardian article as a start

    This is perhaps not a good forum to ask what is morally wrong..

    2. Whether it is legally wrong? Yes, in NSW it is outlawed and any person over 16 years old having relations with a "close family member" is liable to 8 years imprisonment: see Crimes Act NSW s 78A

    In relation to a son sleeping with a non-biologically related relative:

    1. Again, depends. Are you able to intervene? Maybe not.
    2. No.
     
  3. rikki stranlund

    rikki stranlund Active Member

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    A married man found out he is the biological father to a son with another woman other than his wife. The married man had 5 girls
    To his wife... they girls consider the boy to be there brother.. whilst the man was outta twn with work the son has sexual relations with the mans wife.. the man found this out via his daughter had caught the wife n son in law in the act .so in the dwelling now is the mans wife , the mans son n the mans 4 of the 5 girls reside within the dwelling. So the hirls r watching there mother have a relationship with there brother. Is that allowed in nsw
     
  4. AllForHer

    AllForHer Well-Known Member

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    No, it's not. As Tracy B states, incest is outlawed under section 78A of the Crimes Act 1900 (NSW), which stipulates that sexual intercourse between "close family members" will attract a penalty of up to 8 years imprisonment. Given the way in which the Family Law Act 1975 deals with step-parents, I would wager they fall into the category of "close family member".

    As this is a crime, the state police would need to investigate the matter fully if such allegations are made.

    As your greatest concern is about the psychological impact of the situation on the other five kids, I would wager the father is considering grounds for care arrangements. In this case, parents have a duty of care not to expose their kids to criminal behaviour. As given above, however, such allegations would require a police investigation.
     
  5. Tracy B

    Tracy B Well-Known Member

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    Hi Rikki,

    Under Crimes Act 1900 s 78A, for the purposes of "incest", a "close family member" includes only those related by birth. Therefore, relations between a son and his step-mother (if not biological parent) will not be unlawful. However, under the Family Law Act, the father may have grounds to arrange a custody arrangement in relation to the rest of the children.

    In brief, under Criminal Law, it is not considered incest, but the father may have recourse in Family Law.

    Another thought, if the son is under the age of consent (16 years old for NSW) then the (non-biological) mother would be committing a sexual offence given that the son cannot give consent. It is also an offence to expose persons less than 16 years old to "inappropriate behaviour/acts" such as letting them watch s*xual acts. Hence, even if it is not incest, the mother may still be committing other crimes.
     
  6. winston wolf

    winston wolf Well-Known Member

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    Ultimately if you truly believe this is going on you should talk with Family & Community services.
    To report suspected child abuse or neglect, call the Child Protection Helpline on 132 111 (24 hours/7 days)
     

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