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WA What to Do with Harassment from Grandmother?

Discussion in 'Family Law Forum' started by tcss, 23 September 2016.

  1. tcss

    tcss Member

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    Hi

    I was wondering if anyone can help me on if there is anything we can do.

    My partner is in an ongoing court case in WA (us being in QLD) over communication and visitation rights with his son. We had a case assessment conference a couple of months ago with a decent outcome of my partner being allowed to send letters and cards, etc, the mother having to send photos and report cards, etc and my partner is to call every Sunday.

    We are totally fine with all of this (as baby steps need to be taken as my partner has had no communication with his son for years despite us trying to find them as they had concealed their address etc and we couldn't find them).

    His son's maternal grandmother has been in communication with my partner on occasions telling us about his son, etc (but always falling short of telling us where they were). My partner finally got to speak with his son last week and the grandmother messaged saying she did want my partner to talk to him about it all, to see if she could get him to talk more, etc.

    He said no, to leave it. She again messaged saying she would do it, so he told her, no, that this was between him, his son and his ex. Since that time, she has gone off abusing and harassing via text, telling my partner to give up, that his son hates him, that we should let his step father adopt him, that my partner has a second chance with our son and to give up on his first son.

    He told her very nicely to back off and that he would always fight for his son. He even texted his ex telling him what her mother was saying as we were unaware if she knew. She told us she would tell her to back off as well. She must have told her as we received a barrage of messages all night starting at midnight, calling him a dog c*** and all sorts, saying she is glad the son hates him, that my partner is all sorts of names, that his son has a father and a happy family and it isn't him, etc.

    Then she said she'll make sure he never sees his son and she'll continue to tell him not to talk, etc. I'm unsure of the rest of the messages after that as my partner went to work and I haven't seen them but I'll assume they were along the same lines.

    Is there anything legal we can do about this? We've done everything the right way and understand that we have to take small steps with his son and do this the best way for him. Our next family court step in is in January with a child inclusive meeting. We are about done with the harassment and threats from the maternal grandmother.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Step 1: Stop responding.
    Step 2: See Step 1.

    If you want to block her, do so. She's not a party to proceedings, your partner's relationship with her is immaterial, so just stop engaging her. If she wants to continue sending harassing texts, fine, they are potentially evidence in your family law case, but your best course of action is to become extremely good at never, ever responding.
     
  3. tcss

    tcss Member

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    He has stopped responding and we've blocked her number (several times - but she always gets another one and messages again).

    What we are more worried about is her continuing to tell his son to not talk to him and try an influence him etc (he's 11). She has access to him and we don't. This does affect the proceedings as he is trying to establish a relationship and she is now trying to impede it. How can we use these as evidence our case?
     
  4. AllForHer

    AllForHer Well-Known Member

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    You can seek an order by injunction that the maternal grandmother's time with the child be supervised on grounds that she poses a risk to the child's emotional well-being by discouraging and undermining the child's capacity to enjoy a meaningful relationship with his father.

    The text messages can be annexed as evidence to the father's supporting affidavit to show the grandmother appears committed to this campaign of denigration, which warrants your concern.

    You might even consider filing an application in a case to have this issue addressed by the Court in interim orders.
     
  5. tcss

    tcss Member

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    Thanks for that. I'll talk to my partner about it..

    But can he do this if and I quote:

    'Until the further order of the court, the parties be restrained and an injunction is hereby granted restraining them from filing any affidavit or subpoena in Child Related Proceedings without permission from a Judge, magistrate or registrar or pursuant to an order of the court"

    Or does this simply mean we need to ask permission to file against the grandmother or is completely separate.

    Thanks for you help by the way - We've self-represented and so far it's been pretty easy going but this had me confused whether we could do anything and the lawyer we've consulted is currently away
     
  6. AllForHer

    AllForHer Well-Known Member

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    The injunction is on filing subpoenas and affidavits. It's not on filing for an application in a case.
     

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