New Question - same ex wife!We share custody of kids and costs and have done do in terms of orders for last 8 yearsAround 2 years ago oldest son - now aged 12 had to have orthodontic treatment.Me and ex wife attending initial consultation and paid half each as normalFollowing from that meeting an orthodontic plan was prepared and emailed to us with the financial guarantor component included - total cost to be 1200 dollars.I explained to orthodontist that my ex waery controlling etc and could he cc me on all correspondence which he did.I emailed orthodontist my understanding of payment and treatment arrangement which he confirmed and told him i would wait for the paperwork to come from ex wife on basis that it needed both our signatures as co guarantors before treatement could commence.Part of this was a further meeting with orthodontist to clarify treatment plan. It was clear that this meeting was to take place before any work would go ahead. Around Aug 2010 my son and i went to go to the meeting to be informed that my ex wife had cancelled and wouldnt be there but never informed us so it didnt take place. I was informed another meeting would be scheduled.So i said ok... i would wait on paperwork from ex wife to sign my bit and await the rescheduled meeting.Next thing i knew i got an email from my ex wife telling me my son was to go to see the dentist - this was around Sep 2010. I asked her why he was seeing a dentist - she explained in an email it was part of the orthodontist plan and "she saw no reason to explain to me" i could read the agreement myself.At this stage i became suspicious and wondered how any treatment could go ahead without the completed agreement signed my both parents?I contacted the orthodontist and "played dumb" and asked them to send me a copy of what i had signed (knowing full well i hadnt signed anything).They emailed me a copy and to my surprise saw that my signature had been signed by someone else - not even close to my signature! As i looked at the signature i was convinced it had been signed my ex wifes partner - i know her signature cos i have copies of my youngest boys homework reading schedule and her signature plastered all over this.At this stage i had to decide what to - this ex wife has been lying and cheating and sneakily blackmailing her way around for years so i decided enough was enough. I went to the local police to explain the situation and they said it was a straightforward case of fraud. They advised me to make a statement of complaint for them to investigate. I did this in October 2010 thinking this would all be sorted before any further work would be done.The work continued and i kept going back to police to find out progress of my complaint.They eventually got back to me in Aug 2011 apologising for delay and seeking my instructions. I told them to forget it as it was all too little too late. I received the statement from police but i have not signed off on it.In between all this time my son's work was completed and i explained fully the situation to the orthodontist - who wasnt interested. I got further free legal advice where a solicitor reviewed the agreement and listened to my views. His opinion was that i was not liable for anything that the person who signed that was liable and if they didnt pay up the agreement held that my ex wife as other signed guarantor was liable for the full amount in terms of the constructed agreement.I have been threatened by the orthodontist with debt recovery etc, threatened by my ex wife and currently being attempted blackmail cos she says she will not sign over shares to me until / unless i pay my half of orthodontist. I am convinced it was her partner who signed i have the evidence. I have not close out the police complaint statement. The orhodontist did not follow his agreed process per the plan.I have done nothing wrong - would happily have signed off my part all she had to do was give me my bit to sign. No one checked signatures etc.So since about March 2011 to this date i have been hassled / threatened and abused in emails by my ex wife.I have the evidence and physically went down to see the orthodontist arround Feb 2011 to explain and offer him the evidence - he wasnt interested and just threatened to sue me - i explained to him exaclty what i have explained here.I am standing firm - what do you suggest i do to try and get closure on this?Thanks very muchMartin Connolly
I have explained to the orthodontist - offered the physical evidence
I have complained to police and made a statement for them to follow up but it took so long i have not actioned anything with them yet but still have the complaint "open"
I agree with the solicitor you saw who said that the person who signed the guarantee is liable, not you.
However, you should press ahead assisting the police with the fraud investigation as arguing fraud is far more viable if you can show that the police investigations support your view. So if the police investigations support a conclusion that the signature was a forgery then you can use this as evidence in support of your defence of any debt recovery action by the dentist. Further if your wife trys to justify her refusal to transfer any shares which you are otherwise entitled to, details of the police investigation can be used to support your case that her justification is unsustainable.
I trust the above assists your understanding.
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Thanks for thatI assume since i have not signed off the police note to "close the file" that the file and case remains open?I said in my statement that i believe the signature to be that of my ex wife's partner and having explained all teh background to the police they were very supportive and advised me to make the statement and they would approach my ex wife to let them know a complaint had been made against them. I explained this to my ex wife when i met her in Dec 2011 to sign my youngest boys passport application. She denied that her partner would have signed that. I said i didnt say it was her but it looked like hers and all i knew was it definitely wasnt mine and they had submitted the paperwork! She asked me to provide details that i had. I said i would then i thought... why should i? if she was so sure then she could ask herself? I then got abusive emails telling me what a liar i was etc. Its laughable cos i have all the evidence it has dragged on because unfortunately the police couldnt adress the case cos of theier caseload at the time.So... i have suffered a lot of stress here for nothing i have done wrong!Should i contact the police again and ask them to investigate?I was told if i told my ex wife i would get the police involved i could be accused of coersion!If she had done the simple thing this fiasco wd never have happened.I was also advised by the dental admin girls that they had spoken to my ex wife and she confirmed it was my signatureThese women - my ex wife and her female partner are seriously nuts and very nasty vindictive people but somebody - somewhere knows what happened.My ex wife said they faxed in their form - they say they know nothing but i cannot believe the orthodontist staff would sign it - the signature i am convinced is her partners. I think they know it and didnt expect me to stand my ground - i have never before or after not paid my fair share of expenses for anything to do with the kids.The practice manager at the orthodontist called me in april tring to do the good cop bad cop routine and i again reiterated my position as i had done many times before - she was abusive insulting and then told me "it doesnt matter who signed the paperwork"The dentist never followed proper processI never signed the guaranteeI believe my ex wifes partner signed it and if she did i dont believe that my ex wife with her control freak nature would not have known about it.So i have all the evidence and support but i am the one who is being castigated hereCan you suggest / advise how we can bring this to an end please?Its just hassle and stress that is so unnececessaryMy ex wife also at that meeting threatened to "drip feed" information she had on me from an investigator and would "destroy me" - she is nuts! No witnesses of courseSo if / when police approach her and her partner they will go ballistic! And again all the blame will be transferred to meI think they thought they wouldnt be found out and that i would just go away quietly.I could do without the hassle but feel i have to stand my groundI have had a few threatening debt recovery letters from the orthodontist a year apart so somebody somehere cant be too confident that i am liable - i have been very open and honest with everyone hereNo one wants to be held accountableReallly appreciate your thoughts on strategy to try and get this closedSorry for going on but its a soap operaThanks againMartin
There is no simple way to rap these problems up, however, I would definitely press ahead with the police, if they will still help you - the police may have moved on now and be disinterested since on the scale of crimes that they deal with, this is fairly minor from their point of view. If they are prepared to help you then they will largely take care of the investigation work needed to prove that you did not sign the document, and can perhaps identify the person who did.
That aside you cannot simply bring it to a close otherwise than by paying the fees, since it may take the dentist a long time to get the idea that you are not legally responsible for the fees, and this may not happen until the police have finished their investigation.
As to the share issue, you can either wait until the police finish their investigation, so that you can use their investigation to dispel the anticipated argument by your ex that the shares are not being transferred because you haven't met your obligations regarding the dentists fees. Alternately, you can just press ahead with your a claim in court requiring her to transfer the shares.
At the end of the day, how long and how difficult all these matters will be is not entirely within your control, and will depend on how difficult your ex and the dentist want to make things. However, once the police have investigated the matter, you will be in a better position to deal with these problems.
Finally, I would suggest you drop your rhetoric regarding the ex having been responsible for the forgery. Unless you know and can prove it you should say nothing about it beyond letting the police know that she is who you suspect. Accusing her without out certain knowledge just makes you look vindictive and no matter how suspicious you are, you will present as more reasonable and honest if you keep an open mind.
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Dip Law LPAB - Sydney based lawyer
I have asked previously in relation to the process to follow to get courts permission to take my children to bali.My ex stadfastly has refused to give permission to let me take the kids to bali - she says it is unsafe!This nonsense has been going on for years now and i have had enough - i allow her to take the kids anywhere - over east - overseas - she was in Malaysia earlier in the yearIf she refuses again - as i suspect she will, what is the courts positions genreally in relation to taking children to bali. I have heard of many people going to court and never being refused. A lawyer mate of mine told me this was nonsense a "no brainer". Its just the emotional energy yet again to take her on on something that should be fair and reasonable.We just paid a deposit yesterday and more to pay in July. If we wait till we get a court hearing we will lose the booking because of the popularity of the resort in Bali which is renowned for its kids activities and friendliness. My boys will be 12 and 10 when we travelLook fwd to your assistancethanksMartin
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