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Answered in 1 hour by:
9/1/2010
VerifiedDear Sir,
Adultery is not illegal per se. The only circumstances where contact with this woman can become illegal is where a court has ordered that you have no further contact with her through an AVO or similar instrument. If he is threatening violence towards you, you may actually think about having an apprehended violence order taken out against him, or his wife might. Even a threat of violence can be construed as an assault and the police can assist a person to apply for an AVO if they feel that you are in danger. So as far as adultery is concerned, in legal terms there is nothing that you have done wrong. In terms of access to children, if they become legally separated, the family court can make an order regarding the custody of children called a parenting order. A court is duty bound to decide to make a parenting order based on what is in the best interests of the child. It is also presumed that equal shared parental responsibility is in the best interests of the children. Adultery would usually be considered irrelevant in determining what is in the best interests of the children. Some of the relevant factors can be what the wishes of the children are, who has been involved in the care of the children up until this point, what educational arrangements are in place for the children and so on. However, it is a complex process which is usually done by negotiation and then it is only when all negotiation fails that a court becomes involved.
Kind Regards,
XXXXX XXXXX
Adultery is not illegal per se. The only circumstances where contact with this woman can become illegal is where a court has ordered that you have no further contact with her through an AVO or similar instrument. If he is threatening violence towards you, you may actually think about having an apprehended violence order taken out against him, or his wife might. Even a threat of violence can be construed as an assault and the police can assist a person to apply for an AVO if they feel that you are in danger. So as far as adultery is concerned, in legal terms there is nothing that you have done wrong. In terms of access to children, if they become legally separated, the family court can make an order regarding the custody of children called a parenting order. A court is duty bound to decide to make a parenting order based on what is in the best interests of the child. It is also presumed that equal shared parental responsibility is in the best interests of the children. Adultery would usually be considered irrelevant in determining what is in the best interests of the children. Some of the relevant factors can be what the wishes of the children are, who has been involved in the care of the children up until this point, what educational arrangements are in place for the children and so on. However, it is a complex process which is usually done by negotiation and then it is only when all negotiation fails that a court becomes involved.
Kind Regards,
XXXXX XXXXX
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