NSW Possible to Withdraw a Statutory Declaration?

[Colint50]

Hi,

My son is separated and has been having problems with his ex-partner over the shared care of their daughter. He has great problems in dealing with forms, in this case Centrelink. He is caring for his daughter most of the time (65%) - the % is the sticking point. I am a nominee for him because of this "mental problem".

His ex said she would do forms and a statutory declaration based on what I discussed with her and then my son would jointly sign and submit. (Silly me thought she would be honest). Unfortunately she changed the agreement we had and talked my son into signing a statutory declaration, which was clearly different to what we discussed and incorrect.

My son is always worried about his ex, taking his daughter away again, as she done a few years ago, slapped a false AVO on him, which was later thrown out of the court by the police prosecutor, etc.

I was planning to notify Centrelink to withdraw this document based on the above reasons. ie the submission was incorrect along with percentage claimed, and he felt pressured into signing.

Is this legally possible given the seriousness of a statutory declaration?

Many thanks in advance.

 

[Matt King]

Hi,

Sounds like a nasty state of affairs.

Something should be done about this as quickly as possible as the longer it goes the more difficult it is to retract.

I'd make a phone call to Centrlink informing them of the issue and asking them of the best way to deal with it. Another Stat Dec clarrifying what occurred should do the trick, they will tell you.

Happy to assist if you need legal help on Matthew King, Lawyer, King and Co Legal - Wollongong & Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly.