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H555

Active Member
28 January 2017
5
0
31
Hi there,

I recently separated from my ex (two children under 5 years). 3-4 months before I moved out, my wife's language and behaviour started to change. Whenever we disagreed, she claimed I was emotionally abusing her. She started writing in a journal all these alleged emotional abuse occurrences. I started writing my own journal.

Anyway about 2 weeks before I moved out, she started wanting to renew my daughter's Australian passport. My daughter is a dual Taiwan and Australian citizen. Taiwan is not party to the Hague convention on parental abduction (not that it makes much difference).

Considering that we weren't getting on and I had overheard her saying that if she went back "she would have to get a job", I didn't think it was in me or the child's interest to sign.

I told my wife but it didn't really seem to sink in. I sent my objections and why in a nice email and to her messenger app which marked the message as read. I just said I wanted legal advice.

Anyway, she started threatening me. Saying that if I didnt sign, she would tell all the parents at my daughter's school that I was emotionally abusing her. At one point, I recorded one of these threats secretly (I have since been cautioned by the police to not do this).

In the end, I signed the form. When the passport arrived, I signed for it. The next day, I moved out of the house as we were starting to argue in front of kids.

The ex lets me see the children regularly and be in the house on certain days so I could bath and read to kids. 11 days after, I left I told her I had the daughter's passport. My wife broke down and then got really angry (she has a mood disorder related to her hyperthyearoidism).

She started phoning the police (000 - cultural misunderstanding) and told them her ex was in the house and was emotionally abusing her. They asked if I hit her and she said no, they asked if I threatened to hit her and she said no. She told them I was emotionally abusing her because I had "stolen" her daughter's passport. They hung up.

Anyway, I left but in the confusio, I left my housesitting keys on the car roof (she wouldnt let me leave so I walked away). When I returned I phoned her and asked for keys. She refused.
I called police assistance and 2 hours later the cops rocked up.

My wife lied and said I was stalking her and that I had keys to her house (I had a garage key that doesnt get into main house).

The police came out and game me a 24 hour police order. I said "fine if i can get my keys i will go". They said words to the effect "no keys for you sunny-jim just accept it's over". I said words to the effect "no mate, the keys to my bosses house who I am house sitting for".


"Oh" they said to the effect "not the keys to this house then? why didnt you say!" (I had)

Anyway the ex tried to get a restraining order on me but failed. On a hunch from a mate I submitted a transcript request and got it 2 weeks later.

In the court transcript she says:

1.) I was stalking her ( I wasn't she invited me over and I was there for 4 hours and we chatted for 2).

2.) Says she was scared and phoned police because I had keys (she only mentioned the passport the first police call and nothing about keys).

3.) She says the police made me give her the keys and it was I who was in position of them (it was the other way around).

Ok so the police call and the texts before and after prove she invited me. Also my GPS data proves i wasn't "stalking" outside but in the house.

After the night the police came she started sending me more threats via text:

"No passport - no see kids"

"You won't see kids until you give me passport"

"This is payback"

"Wait and see what I'm gonna do"

She is now (weeks later) letting me see the kids for 3 hours a week....


Ok, my actual questions are:

What can I do about her lying in family court seeing as she didn't even get the restraining order? Can she be charged with perjury or some such?

I spoke to the police and they were pretty sure the audio was a clear threat. They also cautioned me about recording and said i might get a summons. I didn't sign any statement about the threat...I said I was going to get legal advice.


And she did carry through with the threat about telling all the school parents about the "emotional abuse".
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Forget the restraining order. She won't be charged with perjury, and if you challenge it, you'll probably lose (you did stay outside her house for two hours longer than you should have, after all, and the Court doesn't need much to be persuaded that a restraining order is necessary).

What you're better off doing is accepting without admissions and focusing instead of getting a parenting order in place so that you can see the kids, and she can't leave the country with them.
 

H555

Active Member
28 January 2017
5
0
31
I wasn't outside the house. I was a km away.
I couldnt go further than that because she had my car keys and house keys. Hence why I rang Police Assistance.

*Read again* - She didn't get a Restraining Order anyway (yes, less than zero chance of perjury).

She can't leave the country...well not with both children anyway. I have the passport.
 

H555

Active Member
28 January 2017
5
0
31
Any idea about the threats........probably just piss her off more. sigh......
 

MartyK

Well-Known Member
4 June 2016
419
61
794
If she does apply (again) for a restraining order, then the text message evidence you have may assist you, again, to disprove her claims.

If you apply to the Family Court of WA to see the children, for more time than the 3 hours a week that she is restricting you to, then you will be able to use the texts message evidence you have to assist your case and counter any allegations she might make of the same nature.