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WA No Family Court Orders - Ex Using Fake Lawyer?

Discussion in 'Family Law Forum' started by Ellebelle80, 4 April 2016.

  1. Ellebelle80

    Ellebelle80 Active Member

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    I have been receiving emails from my ex-partner's 'lawyer' in regards to my daughter and there are threats of withholding my daughter from me if I don't agree to certain conditions. There are no family court orders in place.

    The emails seemed suspicious to me so I searched the Legal Practice Board for his lawyer's name but it didn't come up. I also searched the company and found nothing but there is one in Hong Kong similar but the letterhead is fake. I sent an email back saying that I don't believe the lawyer is real and now they are threatening me with legal action.

    Where do I stand?

    I do strongly believe I am being misled. Also, this 'lawyer' is my ex's best friend.
     
  2. sammy01

    sammy01 Well-Known Member

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    What are the conditions they are trying to get you to comply with?

    I'd take the letters to the cops and tell them that you feel you're being threatened. See what they do...
     
  3. sammy01

    sammy01 Well-Known Member

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    I think you should remove that email from this site. Re-submit it with all specific details removed, stuff like names, etc.

    Yup, look it does appear a bit dodgy.

    I'd strongly encourage you to seek legal advice.
     
  4. sammy01

    sammy01 Well-Known Member

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    I don't know how to remove it.

    Look it doesn't matter. It just means that if by chance your ex is looking on the net for stuff he might find the information posted here.

    Can you give us some more details? Do you have a case pending with the family court? What have been the living arrangements for the child since the separation? What sort of access are you after?

    I reckon you could print off the letter and take it to the police. But at the minute, you're probably more interested in getting good info on what you should be doing.

    Have you seen a solicitor?
     
  5. AllForHer

    AllForHer Well-Known Member

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    I can't speak for every lawyer, but that e-mail looks like an e-mail between parents, under the guise of an e-mail between a lawyer and an opposing party.

    First, 'custody' is not a term used in Australian family law. Neither is 'custodian'.

    Second, no lawyer, in their right mind, would imply they have inappropriately included a child in discussions about care arrangements without the aid of a professional (e.g. 'C agrees with this arrangement').

    Third, it simply doesn't reflect general correspondence between lawyers - but as I said, I can't speak for all.

    More importantly, however, is the content of this e-mail.

    The part about your failure to return the child to the primary residence at the end of the child's time with you is concerning. Don't do this. If you're unhappy with how much time the child is spending with you, you should follow the proper avenues to have it resolved, instead of putting the child in the middle of the dispute. Organise family dispute resolution. Don't disrupt the child's routine and living arrangements unilaterally, just maintain the current arrangements until you have a chance to discuss it at family dispute resolution. If agreement can't be reached, file an initiating application with the Court and let the court decide.

    To me, it appears the 'certain conditions' that you have been asked to follow are simply that the child be returned to the primary residence at the conclusion of the child's time with you. This is not unreasonable.
     
  6. Ellebelle80

    Ellebelle80 Active Member

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    I have received confirmation from the Legal Practice Board that she is not a lawyer. I have received an email today that she says she forwarded to head office but I replied to all and the email she used for her 'company' bounced back.

    She has now sent me a message on Facebook?
     
  7. sammy01

    sammy01 Well-Known Member

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    Ok - look what sort of access do you want with your child? What have been the arrangements since separation? What caused the separation?

    For the minute do not respond, but I also think it prudent for you to get legal advice.
     
  8. Ellebelle80

    Ellebelle80 Active Member

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    We agreed to have 50/50 and our daughter find a school in between us (he lives 40 mins away) but he went behind my back and enrolled her at a school even further away. When I asked her why she agreed, she said that dad had promised her it was best for her as I have 3 kids under 3 (twins in there) with my new partner.

    All I wanted was what my daughter wanted. Then she asked to live with me for school this year and he said no. She begged but as usual he bribed her. Only recently, she asked to live with me again and it was all her own thoughts. Her dad went mental and said if she didn't stay he would screw me up in court but once again started buying things for her and promising to join her up to clubs.

    Then I got the email stating if I don't text every time that I will return her, he will not let me see her! He believes I will 'kidnap' her. But in my eyes if she wants to stay then I will do as she asks and as there are no orders in place he can't do anything.

    I feel as though he has something over her because she always says she wants to live with me but then changes her mind. I'm trying to hire a lawyer and put in the application for custody but it's very expensive. Now that I have this 'lawyer' harassing me I believe he will stoop to anything and I need to get her out!

    I'm off to the courthouse today.

    My ex was a very controlling narcissistic person with a temper and many other issues. He has a new partner with kids and has apparently changed his violent ways and I thought she was lovely but what they have done and conspired is so immoral and the lawyer I am speaking to as a mother was disgusted! She is ready to take on my case once I have the funds.

    People are telling me to drop it but this 'lawyer' of his has caused me so much stress and it's affecting my sleeping, eating and the time I have with my children. I can't let them all get away with it.
    But I also can't force my daughter to stay as I will lose her so I'm playing my cards close to my chest.
     
  9. AllForHer

    AllForHer Well-Known Member

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    How old is the child?
     
  10. Ellebelle80

    Ellebelle80 Active Member

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