NSW Personal items of mine held by extended family

[lostinspace]

I have a quick question.

I have a long running family law matter that settled by consent.

The other parties lawyers played dirty on some personal items, however I was aware of what they were doing and the ones being held by the other party would be un recoverable once consent orders were made.

However, prior to the family law matter, which went on for many years, I left some personal items at an in laws for safe keeping. So they are not in possession by the other party. During proceedings I did try to get the other party to arrange for me to be able to collect, they never said no, but no one ever arranged anything.

I have now sent a request to be able to attend to get my items back from the in law, however they are stubborn and probably lack understanding that I could potentially start a small claims matter. We are only talking $1500 of property here, but the items are sentimental to me, I have given up so much of my personal property I feel I would like thee last few things back to close things off.

My question is

Will this be likely to fall under family law, or, because it was left in care of an in law, it is outside that and a small claim could be done.

I really do not understand why so many people choose the hard path, the items are no good to either the other party nor the inlaw. What makes things a little more difficult may be the following

1 I cannot find the receipt
2 Th estore I bought from has change location and owner and cannot fine the sale record
3 The inlaw could simply say they threw the items outs (which may have ramifications)
4 They may say the other party has possesion of them and therefore it would fall under the family law consent orders, however no one has advised me of that.
5 If in small claims, the other side will trip up mmost likely, as they would have no idea where the items were purchased nor where the funds came from, of course I can answer all this when asked, i.e it would be easy to tell whom has a credible story.

 

[Atticus]

Will this be likely to fall under family law, or, because it was left in care of an in law, it is outside that and a small claim could be done.

If the items in question were acquired during, or bought into the marriage/relationship, then they were a joint asset ... In that case if they were not dealt with as part of the property settlement, then unfortunately that ship has sailed.

It's likley a magistrate hearing a small claim will tell you that because they were assets of the relationship, the court does not have jurisdiction and it should have been dealt with under federal family law proceedings at the time.

 

[lostinspace]

The items were bought with money gifted from my family, but it may be splitting hairs. I can see what your saying and that makes sense.

None of the items were listed by either side in any of the family court documents. And other sides lawyer knew of these items and knows a third party held them. We did not put anything in consent orders as it seems it was outside the family law matter and with putting up orders, it is parties keep what is in thier posession. The orders do not cover third parties & was to bring the dispute between the couples to an end, no third party is excluded.

It seems a person trusted with property also has a duty to either release it, or explain where it is. They are just being A holes frankly, I may have to make a decision of if it is worth pursuing at all. It probably is not, the annoying thing is some of the other parties items I have and do not want.

Thanks for your input.

 

[Issac]

I totally get where you're coming from—it's rough dealing with this stuff. Since the items were with your in-law and not directly part of the family law case, it sounds like small claims could be your best bet. I had a similar issue where I had to prove ownership without receipts, and it was tough, but as long as you can show the items are yours and they're sentimental, the court should listen. Just be ready to explain the situation clearly.