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May 02, 2017
The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on grooming in Family Law compiled from a number of matters our firm has handled.
The situation: Carl and Evelyn have separated. They have one child, Joel. They have consent orders in place but Carl frequently breaks them, dropping Joel off at Evelyn’s late or refusing to let Evelyn see Joel altogether. When Evelyn has spent time with Joel, Joel has been behaving differently and recently Joel has said he doesn’t want to see Evelyn.
The problem: Evelyn believes that Carl might be telling Joel false things about her so that Joel will not want to spend time with her. Evelyn also wants to deal with Carl’s frequent breaches of the consent orders.
The outcome: Evelyn files an initiating application with the Family Court of Australia. Evelyn seeks a Family Report from a psychologist which provides expert evidence on the relationship between Evelyn and Carl and Joel respectively. The Court then assesses whether they believe Carl has been wrongly influencing Joel against his mother.
The implication: These are amongst the hardest cases in Family Law because it is very difficult to prove when one parent is actively trying to turn the child against the other. If you believe this to be the situation in your family, you may have to undergo the expensive process of seeking a Family Report.
If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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family law property settlement, family law and parenting, divorce, family law property settlement in NSW, case study, understanding family law
