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WA What will Happen in Family Court?

Discussion in 'Family Law Forum' started by Saxon W.A., 28 August 2016.

  1. Saxon W.A.

    Saxon W.A. Member

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    Hi,

    I hope someone could shed some light on what may happen when I have to go to court next month and fight the Violence Restraining Order.

    My ex removed me from the house and the home office (this ruined the business we had) without warning with a VRO and she had the kids put on it as well. I just don't understand how she could have done this with no record of violence in the first place.

    Next, I have been asking to see my kids and she has changed her mind to let me see them on every occasion, even as far as filling out the wrong form at the court and sending it to me to lodge it. She asked me to supply the kids a phone and has only let me speak to them once and that was months ago.

    We agreed on a property settlement with the financial stuff (her terms it was too) about 6 weeks ago, so I closed the business I had and got contracts done for a new business ( she agreed with the new business before the split). Then she changed her mind again. Now I'm almost broke with no job and bills mounting.

    All the funds in our joint account she transferred into an account via the Internet into an account in her name before the split. She also gave or lent her parents and brother over to marriage about $300k of which they have paid a little back. (Only a small amount I knew about that she lent to them).

    Can that become her debit or is that just bad luck for me? Will the family court look at her actions in their decisions? It's nearly 6 months now that I haven't seen my kids and she has made every attempt to keep me from them (even now with Father's Day coming up and one of my daughter's birthdays, she is saying she is getting legal advice).

    She tried to get me arrested for breaching the VRO. I spent an hour with the police one day and told them she tried to run me down in the street once and drives past where I'm living with the kids in the car and they are waving to me.

    My solicitors have said that she has no intention to let me see the kids or settle the property stuff until she knows I'm ruined and she is one of the most uncooperative and spiteful people they have come across. And all I ever did was to say no more money to your family then I found some more gone to them and then within the next 2 days I was out the door.

    When I found out that she gave them some more money, she was meant to meet me at the bank the next morning to get the funds back into a joint account but she was at the magistrates court instead.

    Can anyone please give me an idea of what they think might happen in court or what I should do from here please?

    Thank you for your time
     
  2. Sophea

    Sophea Well-Known Member

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    It sounds like you have lawyers, get legal advice. If she is that stubborn there is no way you are going to be able to come to an agreement on your property split and custody matters. You will have to undergo mediation or go to court and get orders in place to protect your rights and defend yourself.

    Lawyers can ensure you have the best evidence to defend the AVOs and alleged breaches etc and to demonstrate to the court the true situation here.
     
  3. sammy01

    sammy01 Well-Known Member

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    The money is gone... Sorry.

    As for the kids, get to court. You'll get to see your kids. How much and under what conditions? Who knows, but you'll get a better go at court than via mediation.
     
  4. SamanthaJay

    SamanthaJay Well-Known Member

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    I don't think that is necessarily correct Sammy, without knowing the whole story.

    How long was the marriage? Even if there are no official documents showing the money was a loan to the parents and brother, I think it would be quite obvious from financial records that money was transferred to the in-laws. Do you still have access to the financial records Saxon?

    If not, then I would be asking the bank for copies of the joint account/s and seeking discovery of the financials in her name. I'm sure your solicitor is pointing you in this direction.
     
  5. sammy01

    sammy01 Well-Known Member

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    Nope - I reckon the horse has bolted... He stated that a financial / property settlement has been completed. Now if you've already done a property settlement through consent orders then it will be bloody hard to get the thing re-opened by the courts.
     
  6. SamanthaJay

    SamanthaJay Well-Known Member

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    He said she changed her mind re the agreed to property settlement so I assumed it hadn't gotten to the point of being settled/consent orders. But, yeah, buggered if it has.
     

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