NSW Separation Under Family Law and Centrelink Fraud

[Vnk]

Thanks for the information,

She has taken the 2 kids away without any information, haven't seen the kids, don't know the whereabouts, just don't know how to get access to the kids, going through a lot of emotional distress and depression, missing my princess, just don't know what to do......

 

[Vnk]

Now she is falsely accusing me that I am physically harming the kids , psychological disturbing the kids, and have to pay child support.

 

[AllForHer]

So are proceedings for parenting order under way?

 

[Vnk]

Not yet, it's just an exchange of letters between the lawyers for the last 6 weeks, but we haven't come to an agreement yet. Need to know if taken to family court, what are the chances of me getting kids access and for how long ?

 

[sammy01]

From what I've read you should be going for 50/50. The legislation states that a magistrate MUST consider 50/50 in the first instance if practical... There are lots of variables and I don't have the time right now but if I get a chance I'll try and send a link to some interesting statistics that show dad's getting an increasingly better go at court than through mediation...

 

[Vnk]

Don't get me wrong, I feel my lawyer is just trying to corner me, I even met a barrister yesterday with my lawyer, seems like I am fighting a losing battle for being honest and my wife is being fraudulent with Centrelink and falsely accusing me of everything just because I reported her to Centrelink fraud

 

[sammy01]

hey I feel for you. Been there done that. It is a bloody long hard process... This article is worth a read... I reckon this is something that should give you some confidence.... BUT you have to play smart.
Family Matters - Issue 88 - Shared care time | Australian Institute of Family Studies

I went from not seeing my kids AT ALL and having an AVO against me... IT took nearly 2 years to go from no time to a visit at the weekend to 4 nights a fortnight to 5 nights a fortnight. 4 years on and the kids live with me and visit their mum.... And with the exception of the AVO I never went to court..... So it can happen..

 

[Vnk]

The way things are, some people get to do all sorts of fraudulent and false accusations, but still get away with everything

 

[sammy01]

Sometimes it can feel that way. But I try not to think like that.... Yes there are mechanisms to protect people and an AVO is one of them. Yes they do get handed out pretty easily and yes, some people abuse that part of the system to get an advantage in family law.... So like I said, yes, it does seem a bit rough but in my case, my ex had lied her way into such a mess that no-one cared and no-one believed her and I think this eventually led to her decision to run away.... but her only way to do that was to leave the kids with me.... good

 

[Vnk]

That's exactly what is happening with me, she left the house, but the only concern is she isn't even letting me get access to the kids.