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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My daughter told me ex husband that my current partner

Customer Question

hi, my daughter told me ex husband that my current partner touched her. we have proof it isnt true, but in order for current partner to protect himself, he wants an affidavit to say that he hasnt done it. would providing the affidavit hurt my child in the future if something was to happen to her.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.How old is your daughter?Has action been commenced against your partner?
Customer: replied 1 year ago.
My daughter is 5. I must reiterate it didnt happen.
No action has been taken against partner. But being that he is in a profession where he is around kids, we dont want it to be taken and he is nervous that if he goes around my daughter again that she will say iy happened again. He wants an affidavit implying that if she says it, its not true.
Expert:  Leon replied 1 year ago.
Giving an Affidavit will not stop an action form being taken. It is a statement under oath from your partner that he denies the allegations and did not touch her. It does not stop anything. He should be nervous because if they report this to the police it will result in charges being laid against your partner. The child will be examined. Also it may result ion contact being stopped until this is resolved.
Customer: replied 1 year ago.
Ok. I feel i need to reiterate it hasnt happened. I can prove this.
I am more under impression he wants affidavit from my ex and i stating it didnt happen. Which my 5 year old has since told the ex. But i dont know what it will prove.
Expert:  Leon replied 1 year ago.
Good Afternoon, You can send a letter from him setting out his denial. It does not have to be in Affidavit form. If he wants an affidavit he can sign own. But it is not required. You can download one from the Family Court Site at the following link.http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/affidavits/form-affidavitI hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon