NSW False allegations/statement in affidavit

[Chris NG]

Hey Guys
I'm the father self-representing myself in the Federal Circuit Court and looking for some help please,

After 5 months , 3 directional hearings and location order, the sheriff finally served the Mother to response the Initiating Application. Because she has been hiding my daughter oversea for last few years only caught by me Oct 2019 in Central station, that why I initialed the application to seek the order of equal shared parental responsibility. I am OK to pay child support and just hoping to spend time with my daughter( I lost contact with her when she was 2, now she is 5 year old . The mother kept her oversea since separation but returned to Australia May 2018 without contacting me since)

I just received her response to application today from her solicitor with lots of false allegations and information in her affidavits (there are not evidences or proofs to support any of her claims in her response), there are two majors false allegations she stick on which she mentioned few time in her response.

1) family abuse to child due to inadvertently view pornography on father's electronic devices when in my care. And she claims I have many pornography movies of children are under 18 storaged in my PC. but can't provide any supporting evidences. I believe she basically imply i have committed crime by possessing children's' pornography or a pedophile ? ! This is really piss me off..

2) family violence to her and the child during marriage. Again there are not supporting documents , just some made-up stories. She claims I have bad temper and anger management issues, child will be at risk in my care.

There are 90 points in her affidavits which either with lots of false statement without evidences (I have proofs to those false statements ) or irrelevant to the cases (about how grandparents look after the child) and she want sold parental responsibility and full custody of my daughter, and she wants the court to remove my daughter from Airport watch list which granted at first hearing to prevent her to take my daughter oversea again.

the court ordered family dispute conference on 1st July and court hearing date on 28th July.

My question is should I response to her affidavits regarding to those false statements point by point ? and also those two false allegations regarding family abuse and family violence?

I am planing to submit them as another affidavits to court portal but worry the new affidavits may getting to long.

any suggestions will be very appreciated.

 

[Geddius75]

Yes any point in the reference that you wish to dispute needs to be addressed. This includes the alleged claims of abuse

 

[sammy01]

It is tough. In almost all family law cases one parent spouts out lies. You don't have to prove the lies. You just disagree. Then she has to establish that the child is at risk in your care. But without any reliable evidence, like doctor's reports for example, she will find her lies will work against her and all she is trying to do is stop you seeing the child.

Stay strong - be calm.

 

[Chris NG]

It is tough. In almost all family law cases one parent spouts out lies. You don't have to prove the lies. You just disagree. Then she has to establish that the child is at risk in your care. But without any reliable evidence, like doctor's reports for example, she will find her lies will work against her and all she is trying to do is stop you seeing the child.

Stay strong - be calm.

thanks Sammy01, I don't know how the judge will react to her response if i don't prepare another affidavits to disprove her lies. am I disagree those lies during the court event or do I need to resubmit response to her response?! And If she is trying to drag the matter further, Can I ask the court to grant my temporary visit to my daughter before final order?

 

[Atticus]

My question is should I response to her affidavits regarding to those false statements point by point ?

Yes.. Your response needs to address every point by point, HOWEVER. that doe's not mean you have to rebut every point you disagree with in detail....

So for example, lets say the affidavit you are responding to has 50 paragraphs (a paragraph being each numbered statement).... If you agree with a paragraph, you only need to write .. 'as to paragraph (number) I agree'..... If you agree with most except a portion of it, you write .... ' as to paragraph (number) I agree, except to say the event described did not occur on xxxxxx date, but on yyyyyy date... Or if there are many paragraphs in continuance that you agree with you write .... 'as to paragraphs (number to number) I agree'

If you disagree with a paragraph you write... 'As to paragraph (number) I disagree'.... You can then write a BRIEF response.. May be as simple as.... 'the events mentioned did not occur at all'... or.... 'could not have occurred because' (brief explanation)'

Each party in a family law dispute has a long & detailed story..... The idea of an affidavit in family law is to provide a brief statement of facts (supposedly ) so that hopefully the issues in dispute can be identified... Nobody is going to read pages & pages of affidavit except the two parties & maybe the lawyer charging you a squillion dollars per page to type it... Often actually typed by their moderately paid admin staff

So keep it brief as possible, to the point.... Short statements of fact, not opinion, not what you heard somebody else say about your ex or a matter in contention (hearsay).... If it actually reaches a trial, (over 90% don't) & matters in dispute have to be questioned, they can be addressed at that point

 

[Chris NG]

Yes.. Your response needs to address every point by point, HOWEVER. that doe's not mean you have to rebut every point you disagree with in detail....

So for example, lets say the affidavit you are responding to has 50 paragraphs (a paragraph being each numbered statement).... If you agree with a paragraph, you only need to write .. 'as to paragraph (number) I agree'..... If you agree with most except a portion of it, you write .... ' as to paragraph (number) I agree, except to say the event described did not occur on xxxxxx date, but on yyyyyy date... Or if there are many paragraphs in continuance that you agree with you write .... 'as to paragraphs (number to number) I agree'

If you disagree with a paragraph you write... 'As to paragraph (number) I disagree'.... You can then write a BRIEF response.. May be as simple as.... 'the events mentioned did not occur at all'... or.... 'could not have occurred because' (brief explanation)'

Each party in a family law dispute has a long & detailed story..... The idea of an affidavit in family law is to provide a brief statement of facts (supposedly ) so that hopefully the issues in dispute can be identified... Nobody is going to read pages & pages of affidavit except the two parties & maybe the lawyer charging you a squillion dollars per page to type it... Often actually typed by their moderately paid admin staff

So keep it brief as possible, to the point.... Short statements of fact, not opinion, not what you heard somebody else say about your ex or a matter in contention (hearsay).... If it actually reaches a trial, (over 90% don't) & matters in dispute have to be questioned, they can be addressed at that point

Thanks Atticus, I will prepare my response and address them point by point. I will present them at the child dispute conference. i can't believe she just lie about everything even with her solicitor and Lawyer.