by Di  21/02/2016  328 Page Views
7 Comments  Family & de facto law, financial agreements, consent orders
I'm writing out of concern for my brother, I've stood back to see if he can resolve this situation but it's looks worse than I can believe. A number of months ago he said he suspected his partner was leaving him for someone else, she was spending a lot of time with the children with this other person and the kids confirmed his suspicions about sleeping arrangement. When he finally asked her to explain (via text as she seldom came home) she responded with an intervention order accusing him of several kinds of abuse. He was told to find a lawyer and turn up in court in 36 hours. He couldn't get his lawyer in time and was assigned legal aid. He wanted to contest the order but was advised if his priority was seeing his kids he should not contest and ask for a mediation process to start immediately - turned out to be bad advice. Long story short, we are now 4 months on, he saw the kids for a few hours before xmas and nothing else, his ex has moved into the property he bought with a small inheritance in his name and claimed it as the primary residence so he can't go there. She has told him someone else is now living in the rental they used to share so he can't go there to get the rest of his belongings. He hasn't been allowed back for his belongings, has only been allowed a few boxes she packed up for him to collect. He is now going broke, paying rent, maintenance to her and the mortgage on the property he can't go to and he can't see the kids. She said one thing to the court and mediator about how she wanted the kids to see their Dad but clearly has no intention of following through. The place she has moved them to is out of the city but within the legal boundary so isn't in breach. She has enrolled them in school there so he can't see them easily as he works weekends. All through their relationship he paid all the bills and she never gave him access to her accounts, we know she has had at least one inheritance but we have heard through the grapevine, she has had two which she has kept tucked away. How is it she can claim his property but keep hers hidden. My brother has tried a couple of lawyers who don't seem to think there is much guarantee of a good outcome given her unwillingness to follow through on her promises. Is there an investigative accounting and legal process that could readily explore the existence of wills showing a trail to her inheritances. My brother doesn't want anything more than his own property back and access to his kids, it seems incredibly unfair she should end up with it all - at this point he has no personal property, no residential property, no child access and lawyers telling him cases for child access and property division will cost at least $20,000 with no guarantees. If he was awarded legal access to the kids but she makes it impossible, are there any consequences for her.... Please helpDi2016-02-21 09:10:43