NSW Wife calls police over verbal argument

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gobbldygook

Active Member
31 January 2019
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0
31
My wife and myself have been discussing divorce. We have completely different ideas on everything.
She is Chinese and lies all the time.

Yesterday I was on the phone to a friend of mine and she said you can't trust anyone. I said to her I can trust you and I can trust my brother.

My wife heard this and said yes. "You don't trust me. We should divorce." I could not tell her I trust her because she constantly lies to me.

Next thing I know, we are driving to pickup my daughter from a Chinese class. My wife is yelling at me berating me. I yell back at her. She continues to berate me and I turn the radio to high volume. She then calls the police.

For fear that she will make up a story about physical abuse (I have never touched her in any violent or forceful way, however, she knows that this is a custody chip) I will not let her back in the car and she can either walk home or go to her friend's place around the corner. She has money, keys and phone.

She has a set of keys but does not use them to open the door. She calls the police again. I have never had any interaction with police except for minor traffic infringements and twice when my house was burgled.

The police asked my side of the story. I explained "She yelled at me and I yelled back at her. She continued to berate me and I turned the volume up high". The police officer said there are always two versions which means that she must have told them something different.

I look after my daughter during school holidays, I normally drop my daughter and pick her up from school, I tutor her in Maths and English 3 days a week and swimming 1 day a week. I cook her dinner during the week and sometimes on weekends. With the coaching that I have given her over the last 2 - 3 years, she has been excelling everywhere. She ran fastest in her age group in her school. She is representing the state in the nationals in aerobics. She won a 3rd and 4th in her swimming races. She was one of 4 selected from her year to attend a leadership program that the school paid for. Her maths has come from struggling and in the bottom of her class to on Friday being the best in Maths Prodigy competition in a class with both year 5 and 6 (she is in year 5).

My wife tutors her in Chinese.

My wife is self centred and doesn't mind changing the version of events to get what she wants.
My daughter is the most important thing in my life. She is the reason I have stayed with my wife for the last 10 years being berated almost every day. I used to own a relatively successful small business that turned over a million dollars a year but due to the stress and constant berating had to sell that off.

Should I me concerned? Is my wife trying to set herself up for custody? What if anything should I do to protect myself and my daughter and my future custody of my daughter when divorce eventually happens?
 

Hummingbird

Well-Known Member
1 August 2018
32
7
149
If I were you I would be on red alert for false allegations of domestic violence or similar once you initiate divorce. There is not a whole lot you can do pre-emptively to prevent her making up allegations, but some things I suggest and please research for yourself:

Consult a lawyer - You need to organise things as much as you can before hand because it sounds like the poop may hit the fan once you start the divorce process. Even one appointment to help get your affairs both financial and legal in place, and to help you work out what you want in terms of a custody arrangement that is reasonable and fair may be of huge help, particularly in knowing your rights as the father. Remember you are not obligated to leave the family home just because you are male. The lawyer can advise you on getting custody orders sorted ASAP to minimise abuse or alienation shenanigans she may attempt.

Document, document, document - In terms of custody, everything you record, write etc that shows you are involved in your daughters life is valuable evidence if and when it comes time to mediate or go to court. If your wife decides to try for sole or primary care and you want 50/50 or primary, be able to show whoever needs to see it that you are an active parent involved in all aspects of the care of your child, and bonus points if you can demonstrate with evidence that you do more than her mother. In regards to your wife and possible allegations, anything you have, text or video or phone recording(and legal in your state to obtain please check if it's permissable with or without her consent) that demonstrates her as a liar, exhibiting abusive behaviours both verbally or physically, anything that can be used to discredit her will be valuable evidence. The lawyer you speak to should be able to advise how to record or otherwise protect yourself when the emotional face to face events like the divorce discussion or removal of one party from the home occur, whether a video recording you make during the event is allowable or voice only, whether the circumstance would warrant a police escort if you or her leave the family home and return to collect belongings. If she has been physical with you consider an AVO, this is for your protection and your daughters protection but should not be abused to attempt to remove your future ex wife from the home maliciously. Hopefully the police see through the petty calls she makes for an argument, and if she does this frequently it is frustrating but can be used against her as vexacious accusations. Also, keep a diary of your wife berating you, what she says when she says it.

Talk to people you trust - Have support in place that you can lean on and vent to, even if the divorce and custody processes are low conflict this is an emotionally draining and stressful time. Make sure you have your childs best interests at heart and once you begin the divorce process keep all communication with your wife polite, civil and brief. Pretend you are communicating with the judge, because if you go off on a text or email she can present it to the judge against you.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Should I me concerned? Is my wife trying to set herself up for custody? What if anything should I do to protect myself and my daughter and my future custody of my daughter when divorce eventually happens?

If separation is imminent as far as assets and fiances are concerned I recommend that you take a 'snapshot' NOW of the value of all your finances, insurance, superannuation and real estate. Do it discreetly. Have copies of all significant documents.

You could consider suggesting that you both attend marriage counseling to work on your issues. If it fails, the counselor can talk to you both about how best to move forward that is going to have the least impact on the child...If separation is indeed imminent, start working on getting your head into a better place now so that you are not spun out when it does occur. Try to remain separated under one roof while you work through how to divide assets and write up a formal parenting plan on who your child is going to spend time with and when...

Separation is minefield of emotion for both, that said, remaining with a person who is constantly belittling you can be worse, so look towards the possibility of a brighter future. BUT, I highly recommend a good personal counselor to bonce your emotions and frustrations off of, someone independent who can listen and offer practical solutions to help you deal with the anger, frustration and roller coaster ahead in the short term... Constantly be aware of your emotions around her. She sounds like she will have an AVO on you at the drop of a hat..
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
I would be carrying a voice activated recorder discreetly in my pocket at all times from now on if you suspect divorce might be on the cards in the immediate future.

It will help protect you from a false allegation and an AVO getting put in place that may affect the custody arrangement of your daughter in the immediate fall out.

Also, do not argue in front of your childeren. Let the wife stand on her head and sing the cookaracha if she needs to, but the magistrates are looking for one thing and one thing only when they consider this - which parent has the ability to maintain self control and keep a cool enough head to keep the childerens exposure to conflict as minimized as possible.

They don't care who is right or wrong, just who is able to put it all aside in even very heated moments to protect the kids.
 

gobbldygook

Active Member
31 January 2019
10
0
31
If separation is imminent as far as assets and fiances are concerned I recommend that you take a 'snapshot' NOW of the value of all your finances, insurance, superannuation and real estate. Do it discreetly. Have copies of all significant documents.

You could consider suggesting that you both attend marriage counseling to work on your issues. If it fails, the counselor can talk to you both about how best to move forward that is going to have the least impact on the child...If separation is indeed imminent, start working on getting your head into a better place now so that you are not spun out when it does occur. Try to remain separated under one roof while you work through how to divide assets and write up a formal parenting plan on who your child is going to spend time with and when...

Separation is minefield of emotion for both, that said, remaining with a person who is constantly belittling you can be worse, so look towards the possibility of a brighter future. BUT, I highly recommend a good personal counselor to bonce your emotions and frustrations off of, someone independent who can listen and offer practical solutions to help you deal with the anger, frustration and roller coaster ahead in the short term... Constantly be aware of your emotions around her. She sounds like she will have an AVO on you at the drop of a hat..


Thanks for this. Finances apart from the family home are mainly separate. She has suggested a marriage counsellor. However, the way I see it she will deny any wrong doing and make up stories that suit her ultimate goal of custody. Yes. I have never been violent with her. However,I am very concerned that she will allege violence.

I have been her most of the last ten years in order to be with my wonderful daughter. Generally courts find in favour of the women. Since October 2015 when I sold my successful small business, I have been generally taking my daughter to school and picking her up. I have looked after her during school holidays. I have tutored her in maths 2.5 days a week, English .5 days and week and swimming 1 day a week for the last 2 years. She is the youngest and also one of the most successful in her year.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Finances apart from the family home are mainly separate.

Finances are never considered separate during a relationship when it comes to property settlement, hence why I recommend you establish a 'snapshot' of of your assets and finances as they are now..

I have never been violent with her. However,I am very concerned that she will allege violence.

All you can do is be very vigilant and mindful of your emotions... Truth is these days all it often takes is a private application and a bunch of lies for a person to have an interim order served... BUT, a private application means she will have to represent herself or spend a bunch on a solicitor....On the other hand, If you have a melt down, cops are called and THEY apply for a DVO on her behalf, you will facing a police prosecutor in court. Big difference