QLD Partner lost custody in 2015 due to blatant lies, now she wants us to have them 50-50. retract lies?

[EmmaN]

I've written in here a few times but the back story is my partners ex lied through court with sexual assault accusations that we didnt even get a chance to respond to in court and she won full custody in 2015.
Now all of a sudden we have found out a second child of hers is my partners also and she wants us to do 50-50 care and has admitted to us she lied in court because she 'didnt think anyone else could love her child as much as she did and just wanted her to be at home forever', but how can we go about her taking responsibility for that and having the affidavit recanted so my partner can be a father without worrying that she will have another turn and accuse him of such vile things while they're in our care and possinly sending him to jail over it?
Do we take the proof to a lawyer and see what they can do? Will she get into trouble if she recants it and risk us not actually getting the kids if she doesnt?

 

[Scruff]

If you have conclusive evidence of this (particularly an admission), then your partner should definately speak to a lawyer.

What she has basically done, is intentionally provide false information to a judicial proceeding for the purpose of influencing the outcome of that proceeding. That is the very essence of "perverting the course of justice", which is an extremely serious offence. In QLD, the max penalty is 7 years. (She's lucky she's not in NSW, because the max penalty here is double that at 14 years.)

In short, the ramifications here could be extremely serious, as there is a variety of offences that she could be charged with. (False or misleading statements, Perjury, and Perverting the course of justice are all in the picture here.)

Your partner needs to work out with a lawyer the best way to proceed - especially if he wants to minimize the impact on the kids.

 

[EmmaN]

If you have conclusive evidence of this (particularly an admission), then your partner should definately speak to a lawyer.

What she has basically done, is intentionally provide false information to a judicial proceeding for the purpose of influencing the outcome of that proceeding. That is the very essence of "perverting the course of justice", which is an extremely serious offence. In QLD, the max penalty is 7 years. (She's lucky she's not in NSW, because the max penalty here is double that at 14 years.)

In short, the ramifications here could be extremely serious, as there is a variety of offences that she could be charged with. (False or misleading statements, Perjury, and Perverting the course of justice are all in the picture here.)

Your partner needs to work out with a lawyer the best way to proceed - especially if he wants to minimize the impact on the kids.

She lived in NSW at the time of the proceedings and court was held in the ACT, would that impact it?

 

[Scruff]

What she has done consitutes an offence in every state and territory, so if any action is taken, she will be in trouble.

But the question is whether or not any action can or will be taken if the matter is now raised in a different state from where the offence occurred. Your lawyer will be able to give you a better idea than I can on that issue.