QLD Needing advice to do with child custody

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Tess1011

Member
21 July 2018
1
0
1
Just enquiring I have a court order in place in which it states the usual visitation. Due to a change of circumstances, I informed the ex of my plans. His mother then posts on facebook a post which was made public a verbal bashing of me calling me certain names and unfit has a mother.... She then continued with the fact he has thought about not returning the children.... Is there anything legally that can be done?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,726
926
2,894
Bill means no from a policing perspective.

Yes from a civil perspective. The post may well be defamatory and at a minimum you should consider having a lawyer write a demand letter telling the ex's mother to apologise and remove all offending posts.
 
Last edited:

Bill Murray

Well-Known Member
6 June 2018
159
19
454
They're likely to throw a concerns letter in the bin though.

There is no way you would be able to justify spending the money on defamation. The amount you would win would be trivial and there is no way you have the court order indemnity costs which means you're going to be paying at least some, but probably most, of your costs. Even if costs are awarded if the other person can't afford it you get nothing and still have to pay your lawyer.

Just to get a concerns notice sent by a lawyer you're looking at hundreds.

If you do go down that route though I had a good experience with Nyst in defamation.