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VIC Slander from Ex - Take Legal Action?

Discussion in 'Family Law Forum' started by Julian, 15 July 2015.

  1. Julian

    Julian Member

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    Hi quick question,

    My x partner is going around to whoever of our friends & family as well as the catholic school I'm enrolling my son in for next year, & trying to make me look bad by stating what happened 7 months ago when we had an argument. She has tried taking my son from me but I've gone through the family court and now have family court orders in place to finally be able to see him on two certain days for a few hours and 1 night a fortnight so far.

    She is now trying to turn my son against me by telling him what happened that night of our dispute! He's bringing up stuff that he didn't know about! And I'm thinking it's so he tells the child psychologist for when he's spoken to in the courts.

    Can I take legal action out on her like some kind of intervention order ( restraining order) to stop this slander against me ( defamation)?
     
  2. AllForHer

    AllForHer Well-Known Member

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    This is one of those very unfortunate (but common) issues parents experience following separation.

    If your proceedings are still underway, you should request an order that the parties refrain from denigrating or undermining one another in the presence or hearing range of the child, and refrain from discuss adult matters or court proceedings with the child at all times.

    However, even with orders to that effect in place, it's a difficult thing to police, so it's better to try and address the core of the problem, rather than seek legal remedy.

    You might consider requesting an additional order that both parties attend and complete a parenting orders program (POP) through a prescribed service provider, such as Relationships Australia. A POP course is similar to counselling in that it teaches parents how to put their children's needs first, which obviously is not happening if the child is being exposed to conflict, denigration and discussion about child-inappropriate topics. If you propose a POP course, as well, you will demonstrate that you are committed to ensuring your son enjoys a healthy relationship with both parents, which the court will like.

    Outside of this, I'm afraid there are few remedies available, but I implore you to keep your chin up and be the bigger parent who doesn't stoop to that level. While the mother may be trying to influence what the child says to the psychologist, it's more likely that the psychologist and your son have a very different relationship to what he has with you or his mother. Your son may be made to feel like he has to pick sides when he's with you or his mother, but he won't feel that way with the psychologist, so there is likely to be a certain level of honesty that you, as parents, are simply not to privy to. That's not a bad thing, either. :)

    Hope this helps.
     
  3. Julian

    Julian Member

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    What if she's going to the primary school where my sons to attend for the first time next year and gives old orders that describe what happened to more detail on the night of our fight witch im decreased in & have already attended anger management & passed them with certificates on my own behalf at but there not the ones in place now just to make me look bad even after 8 months of new family orders now in place. Because she's done it at doctors as well as hospitals & friends and families???
     

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