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Mother accuses father of financial coercion in proceedings for parenting orders – which case won? – Divorce

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The Facts

A man and woman married in mid-2002 and subsequently had two
children, one in 2002 and the other in 2010.

The mother and father experienced difficulties throughout the
course of their marriage.

After they split for the first time in 2004, the mother and the
older child moved to Thailand.

The couple later reconciled and began living together again in
Australia in June 2006.

They separated again in February 2012 and the father commenced
proceedings in the Family Court for parenting orders.

In responding to the proceedings, the mother alleged that the
father had subjected her to financial coercion.





case a – The case for the mother

case b – The case for the father

  • My children’s father used money to exert power and control
    over me.

  • I didn’t work during most of our marriage, and when I did,
    he retained the income and told me that it was his job to take care
    of the finances.

  • After a family holiday to Europe and Thailand in late 2011, he
    returned to Australia, while I stayed on longer in Thailand with
    the children. He left us there without funds and I had to obtain
    money from my family to meet my own needs and those of my
    children.

  • Just before we separated for good in 2012, he took my purse and
    removed and destroyed my bank card. I tried to grab my purse from
    him, but he pushed me and I fell, hurting myself. I screamed at him
    then that I could not remain living with him any longer because I
    feared for my safety. Then I left our marriage for good.

  • After we separated, he failed to pay child support.

  • I have never used money to exert power and control over my
    children’s mother.

  • She says that I did not allow her access to our funds, but she
    always had access to our joint bank account by using the bank card
    that I had provided for her.

  • During our first separation between June 2004 and October 2006,
    when she took our child to live in Thailand, I transferred $10,943
    to her bank account to support them.

  • In October 2011, just a couple of months before our European
    holiday, she showed me her savings account, with a balance of about
    $6,000.

  • I acknowledge that I grabbed her handbag, but I did not push
    her and I did not take her bank card from her. Rather, as she was
    screaming at me, she took her bank card out of her purse, threw it
    at me and said she didn’t want my money anymore.

  • I didn’t pay child support because I couldn’t afford
    it, but I have since paid the arrears. My children’s mother was
    never without money after separation, since by then she had around
    $9,000 saved.





Cast your judgment below to find
out



Karina Sultana

Divorce and separation

Stacks Law Firm

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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