NT Mother Attempting to Keep My Possessions - What to Do?

Discussion in 'Property Law Forum' started by DirectorHaruhi, 20 September 2017.

  1. DirectorHaruhi

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    To preface, I'm 19 and my mother has always been my primary carer due to disabilities, and has been receiving a carer's pension for me since I was about 8.

    I went to visit my father in QLD, and during my visit I've decided that it would be best for my mental health to move in with him due to a breakdown of relations between my mother and I, and the effect that has on my health. I told her about this, and she has decided to tell me that I am not to come onto her property or attempt to retrieve my belongings. Most of these things were given to me as presents, like a computer and TV, and other things given to me as needed, such as clothes. The computer was partially paid for by my father 4 years ago, and I've replaced some of the parts inside it at my own cost. The TV was entirely paid for by my father.

    Do I have a way to go about getting these things back, or recovering some of the costs? Her grounds for keeping everything is "To take repayments on the child support your father missed". Everything said regarding her reason for keeping my stuff, the fact that she's keeping my stuff and her instruction to not come onto her property are all through a text message, so I have proof.

    None of the gifts were given as "conditional" gifts, and I've been the sole person using the computer and TV for the 4 years I've owned it.

    Sorry for the incoherent ramble, not great at formatting.
     
  2. Rod

    Rod Lawyer
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    She is not entitled to keep your property.

    Steps:
    1. see if your dad can mediate access for you.
    2. If relationship is poor between parents, go around to see police and ask for their help. If they are amenable, organise truck and police and go around.
    3. If that doesn't work or police won't assist, you need a court order allowing access and removal of your possessions.

    Or wait till she cools down and see if her attitude changes. Maybe you can speed the process with a message saying you still love her and miss her and you appreciate everything she has done for you. Ranting/complaining/arguing/swearing is unlikely to see her change.
     
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  3. DirectorHaruhi

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    My dad and her haven't been on speaking terms in about 10 years due to a custody battle. I'll call the police station closest to her house and explain the situation as I'm currently still in QLD. As she has both blocked my number and all of my Facebook accounts, the only way I can contact her without doing so in person, I'm weary of contacting her directly as it could be seen as harassment.
     
  4. Rob Legat - SBPL

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    Making a lawful demand for the return of your possessions, as long as it is done reasonably, would not be considered harassment. I would suggest making a 'formal' request for the return of your possessions, stating that you will have no other option but to request Police assistance if she refuses. Point out that you only seek your belongings, and that her response regarding child support has nothing to do with you. She should take that matter up with your father and/or the Child Support Agency.

    I suspect she's transferring her residual issues with your father on to you because you're now spending time with him.
     
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