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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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I have been married to my x wife years within that years my

Customer Question

I have been married to my x wife for 13 years within that years
my x had an affair with another guy for over 4 years and the kids
that I thought were mine have came out officially as his through
DNA tests. Right now I have afidavite from my X and him singed
and presented to court that they were
in relationship outside marrauge and the kids belong to them.
The question I have is Can I make a Claim for all the expenses paid
for the past 5 years towards Children, Travel, divorce settlement of $140K to
both my X and Him. Does this claim stand in the court of law.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I took leave with pay form one year to cope with the situation. My pay was $73K in 2013-2014.
Lost money in business and eventually closed down before the lease expired and cost me $100k to
cancel the lease with the shopping center due to unable to cope with the stress levels.
Customer: replied 1 year ago.
Sorry 'Leave without pay'
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi, there are a number of legal matters to cover here...

1) Custody battle, when not biological father

At what stage is the custody battle, you have mentioned you are in Court...

Have you consulted a family lawyer to assist you?

I assume mediation has been attempted? and failed... as it is a prerequisite to applying to Court.

2) claim for compensation

When was the divorce finalised?

Have you reached a binding property settlement with your ex?

I await your responses,

Kind regards,

James

Customer: replied 1 year ago.
My x has put in orders to change my daughters birth certificate to his name.
And limited access for me to visit and authority to leave Australia with the child. This was yesterday's proceedings
The court has given time to do affidavit for X to prove to court on mothers responsibility on how she would return the child back to Australia and I have to prove to court what is stoping me to let her go to overseas
After this the judge is going to give his orders based on the affidavit.
I know I won't get custody but will get access to the child .
I am representing myself.
Divorce finalised April 2015. Property Jan 2014.
All paid and registered in court .
Thanks
Bob
Customer: replied 1 year ago.
Mediation failed through relationship australia
Expert:  Brisbane.Lawyer replied 1 year ago.

Bob

Thanks for the additional information.

1) Custody Battle

Have you confirmed the DNA evidence is solid? Run your own DNA test?

Your affidavit to stop her taking the children overseas, should focus on the best interests of the children... showing their well-being and happiness, etc. would be improved by staying in Australia... and providing factual reasons why...

Are you happy with the access for you that is currently proposed? I assume you would be able to manage more access if she stayed in Australia, and that is what you will be trying to get...

You could try a free local legal community centre to assist you...

http://www.nationalprobono.org.au/page.asp?from=7&id=129

2) As there has been a property settlement... everything financially between you both was settled as at the date of the property settlement in Jan 2014.

As the source of your stress, occurred within your marriage... there is no legal claim you could make.. other than highlighting all of the conduct (i.e., misconduct) of your X... when you were making submissions to the Court regarding your property settlement... as this has already been finalised... there is no way to recover your losses within the Court system.

I wish I had better news.

Kind regards,

James

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