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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My ex husband's lawyer (who also happens to be his sister and

Customer Question

My ex husband's lawyer (who also happens to be his sister and my children's Aunty) is wanting to question my kids about my elevations of their father's abuse. I'm worried they will be too scared too tell her the truth. Is my ex-husband's lawyer/sister allowed to question my kids without someone else present and without my consent?
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good EveningMy 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 advice but a guide to assist you.How old are the children?
Customer: replied 6 months ago.
9 & 11 (almost 12).
Expert:  Leon replied 6 months ago.
Good EveningThe children are too young to be spoken to by the other side lawyer and if they feel that the children have to be spoken to then an independent expert should be appointed by the court.Do the children have their own court appointed lawyer or Independent childrens lawyer? Also being the aunt is not appropriate.
Customer: replied 6 months ago.
No, the kids don't have a lawyer at this stage beause I haven't felt the need. My ex so far has only abused me. But he verbally abuses the kids when they are in his care and they have become scared to stay at his house.
Customer: replied 6 months ago.
He says it's a father's right to disaplain, but me and the kids believe it's more than that. It's his word against the kids. I'm not there to witness.
They don't want to talk to a councillor because they are scared their father will find out and get angry.
Customer: replied 6 months ago.
I have no money for a lawyer for me or the kids. Last time I got legal aid for my separation my ex husband's lawyer/sister intimidated my legal aid and he didn't put up any argument or fight ( I ended up with his debt and no child support). So I don't have much faith in appointed legal aid.
Expert:  Leon replied 6 months ago.
Good MorningAre you in court yet?If you are then you should seek that an independent lawyer be appointed for the children.You need to do this to protect your children. Have you attempted to be legally aided even though you dont want them? Legal aid will pay private lawyers.