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VIC Third Party Misuse of Power of Attorney & Kidnapping?

Discussion in 'Family Law Forum' started by PaulAM, 12 April 2015.

  1. PaulAM

    PaulAM Active Member

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    I have only recently found this out. This all happened over 2 years ago, and I only had my suspicions. I received in the mail a hand-written letter, amongst other documentation, from a lawyer in Japan. This contained a letter which was written by a third party who admits to obtaining a power of attorney from my estranged wife. This person admits that she emptied our rental home of all contents, and just gave away my personal possessions. This third party person did NOT have my power of alternate, just acted as judge jury and executioner, completely ignoring Australian law re division of marital property, assets, bank funds, etc. This person also assisted my Japanese wife in the kidnapping (international child abduction) of my three children to Japan (also an illegal act). I am going through the laborious process of abstaining access to my children in Japan via The Hague Convention. But, Japan is for the Japanese and there are about 10,000 fathers all over the world in the very same predicament as myself.

    This all happened back in Melbourne over 2 years ago, when my wife used the police to keep me occupied whilst she kidnapped our children to Japan (she made claims that I threatened her). This was after I said she could go back to Japan, but I would stay in Australia with our children.

    This letter confirms that her co-worker was the person who stripped me of all assets, leaving me out on the street. I was the stay-at-home parent whilst my wife earn over $100,000 annually as a Senior Lecturer at University. I was left homeless, penniless, without possessions, and totally devastated by all that had happened. Obviously a very well planned assassination of me, leaving me unable to do anything to stop my wife from kidnapping our children to Japan.

    My three questions are these:
    Since I now have in my possession a hand-written, and personally signed letter, stating that this third person had stripped our rental property of all chattels, etc., that this person just gave away my personal property, can I legally sue this third-party person for my legal right of 50% of all our acquired assets, and also our funds in the bank that was completely stripped from me?

    My wife and I were together for approximately 17 years. I wondered why the Bank staff seemed uncomfortable when I came in, shortly after I was dumped on the street and handed over my credit cards to them. I now believe that they knew who had emptied out bank accounts, knew what had happened, and they did not want to tell me freely unless I asked, and that it was most likely done by the third-party person who had the power of attorney from my wife. Is it legal for this third-party person to have done this to me?

    Can she also be held accountable for assisting in a kidnapping (International Child Abduction of my three young children to Japan)?

    I await your reply with interest. Thanking you kindly.
     
  2. Amanda E

    Amanda E Well-Known Member

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    PaulAM likes this.
  3. PaulAM

    PaulAM Active Member

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    In the process thanks. I was hoping to get direction here, but never mind. I will be chasing this up. Thanks for replying, appreciated.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Ordinarily, I don't like to just say 'get legal advice'. I try to accompany it with at least some information to help people get a feel for where they're at.

    However, this scenario has a lot of elements so my first piece of advice is definitely get legal advice. They'll be able to assess the evidence and decide whether or not it's admissible.

    In my opinion, if you don't find remedy with a property settlement under family law, you may be able to pursue an equitable remedy under property law. Thus, I am of the view that you may be able to get some compensation given your situation.

    Sorry I can't be of more help. :(
     
    Amanda E likes this.
  5. Amanda E

    Amanda E Well-Known Member

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    I agree with AllForHer.
     
    PaulAM likes this.
  6. PaulAM

    PaulAM Active Member

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    I do thank you for giving me hope. I am chasing this up legally in the hope of recuiping some or all of what was stolen from me. Hopefully what happened doesn't mean partner's can use a third party, clean out all assets, and completely bypass the law. Otherwise, if this is the case, we do not require courts, law, or lawyers anymore. All we require is a third party to strip all assets from one partner and give it to the other.
    I do not believe, and most certainly hope, that this is no the case.
    Best regards
     
  7. AllForHer

    AllForHer Well-Known Member

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    Thankfully, this is where equitable remedy comes in, so I'm certain you'll have some relief. Best of luck.
     

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