SA privacy of personal information in fccoa

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gunnerzzzz

Well-Known Member
8 March 2020
54
0
196
Hi,

Just got something that feels off and need some clarification if possible.

I had an issue I tried discussing with an ex awhile ago. I started a new job and time arrangements interfere with that and seeked a change in care.

They demanded proof of employment and personal information proving employment times. I didn't want to give them that, but in writing told them about employment.

Fast forward 4 months when my application in a proceeding comes forth... the judge questioned me as to why I didn't just give over personal correspondence from my employer to the mother?
and then imply I should just be giving out personal information and personal correspondence because they ask.

A personal letter and offer of employment is private information, that I don't see anywhere under law I'm required to give that out. and as such feels strange that I'm attacked for not giving that out.

Then the mothers solicitor and ICL went on that its unreasonable that I don't give them that personal information.

so my query is... this is personal correspondence to me and I'm under no obligation under law to just give that out... so what right does the court, mother and icl have to attack myself saying I should give this out?

My personal information and property is mine and feels strange to be attacked because I want to keep my personal information and property to myself and use how I see fit?

This whole point is weird and like a nothing point in the overall argument, but carried unrealistic weight because the judge asked it and I feel like I was attacked over my rights to private and confidential information
thats also my property.

thanks
 

CSFLW

Well-Known Member
LawConnect (LawTap) Verified
24 September 2018
460
29
659
Gunner, I assume your application in a proceeding is to change parenting arrangements based on your new employment.

If so, then it would be in your interest to give the Court evidence of your work hours.

This may mean that you would have to provide your work roster.
 

gunnerzzzz

Well-Known Member
8 March 2020
54
0
196
Gunner, I assume your application in a proceeding is to change parenting arrangements based on your new employment.

If so, then it would be in your interest to give the Court evidence of your work hours.

This may mean that you would have to provide your work roster.
thanks.

I get that. I provided them with location and times in my affidavit.

My point though that feels off is... I don't see my obligation under law to give private information because the mother wants me too.

Then I don't see why I'm questioned inappropriately by the court because I don't give out personal information and property to an individual
that has no rights to that particular property or information?

feels like I was attacked for literally doing what I'm entitled to do under law?

Then also I did nothing that the mother hadn't already done herself. She went about setting up schooling a year earlier without discussing with myself citing work
as the reason and never provided proof of work, hours or why my suggestion was not possible based on her work schedule. With the same Judge. Was all just her word.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Oh dear. Look. I agree with you. I do. I sympathise with you too.
BUT - when it comes to family law there are no hard and fast rules. You're also talking about a work schedule. Not a big deal in the grand scheme. Remember, in family law it isn't uncommon for one parent to 'demand' drug screening.

If it was gonna help me get more time with my kids and get the ex off my case I'd provide the information. In short, do you really want to lose the war but win this battle?

So courts can ask for bank statements and every other bloody thing. They want to know how much your car costs, medical history, drug tests, criminal history, mental health.... Work roster? hm. Hand it over.
 

wendygeorge

Member
30 April 2022
3
0
1
So in my opinion, the Court would place a higher priority on keeping parties and children out of ongoing and protracted litigation over protecting someone's privacy in employment documents.

The Court expects that all parties take steps to resolve a dispute prior to initiating proceedings. Perhaps your issue could have been resolved by providing your employment documents instead of initiating further proceedings?