by MsBrown  23/10/2009  9 Comments  409 Page Views
Family & de facto law, financial agreements, consent orders
Hello, I am looking for advice and some idea of what to expect when we go to court in a couple of weeks.

My daughter and I were very close until a year ago when she moved in with a new boyfriend. Since we fell out, on the day after she moved out of my house, I have not seen her and only recently saw my grand daughters again because their father brought them to visit me. She is now trying to vary parenting orders to a) take the girls to live interstate, b) prevent their father from bringing the girls to visit me on his access days.

My son in law has access every second weekend, half holidays and Wednesday after school.

My daughter has instituted a family court hearing and refused mediation with the children's father. She has not responded to any letter or message I have sent her.

My daughter and I fell out over her unauthorised use of my visa debit card to make withdrawals from my account. I did not discover she had done this until the day after she moved from my house and when I confronted her she said (I have SMS messages to confirm this)she took the money because she was in bad trouble and if I pursue it I will never see my grand children again.

Prior to this date she lived with me for 6 weeks and prior to that we lived in the same street and I often had the girls stay at my house overnight. My daughter lived with me when the youngest child was born (she was 18) and I was her birth partner. I was a second mother to the eldest child and my youngest child is only 3 months older than my daughter's second child so they have all grown up like sisters until a year ago.

My daughter and her ex were together for six years and he is the father of both children. He has some past history of drug use and driving offences but he has matured and become more responsible.

My daughter has become involved with a man who is here from another state for fly-in-fly-out work in the mines. He wants to return home and take her and the girls with him. I met him one time only, she never introduced us, I do not know him neither does my ex son in law.

As far as I can piece together, my daughter fell in love with a man who has always had the intention of returning to his home state. She has kept us apart from him because she is worried we will mention her former actions (frequent money theft, social security fraud, drug use etc). He is possibly not even aware of the actual relationship the children had with myself and their father. Now she is doing all she can, including commiting perjury in her statements to the court to be able to stay with the man and go back to his home state.

Problem 1: Most of the lies in her court affidavit are unprovable because people will not come forward to testify about drug deals and other instances where she has lied about her use of methamphetamine. I know what she was doing due to having mutual friends in the hospitality industry but no way to prove it.

Problem 2: My ex son in law is representing himself and she is a pathological liar. She has made statements in her affidavit that I could disprove given enough time to track down the evidence but as the Grandmother I don't know if I have a stong enough voice in this hearing.

Problem 3: She has hired a lawyer who is going to represent her and has advised her about all the right things to put in her application such as provision for school, housing, family relations etc. However, I am concerned that since most of her statements about the past are false neither myself ot the children's father can be comfortable that her statements about the future are plausible.

Her case is based largely upon character assassination of both myself and the children's father.

What are your thoughts on this given what you have been told so far (I am certain mine is a simplistic view given the need for brevity but I can provide more info).

Thank you
Ms Brown