Criminal History meets Family Law

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Criminal History meets Family Law

We recently assisted on a matter where our client engaged us to investigate the new partner of his ex-spouse in order to assist with Family Law proceedings. During the investigation, we established that the new step-father that resides in the same residence as our client’s children has a criminal history, with a pattern of violence.

We were able to obtain these records and relay parts of this information to our client including but not limited to the charges, when the person was apprehended and where they were apprehended from.

This allowed our client to consider initiation under section 60I of the Family Law Act to prove potential risk of family violence, and/or to the health and safety to his children that were in the same household of this new step-father, and potentially swing Parenting Orders his way.

Red Flags a new Partner to your ex-spouse has a criminal history

It’s not always possible to tell if someone has a criminal past just by looking at them or talking to them. However, here are some possible red flags that may indicate that someone has a criminal history:

  1. Their Refusal to provide personal information is the first sign. If this individual is very hesitant to provide personal information, such as their full name or date of birth, where they are from, what they do for a living etc. this may be indicative of them trying to hide something.
  2. Avoidance of certain topics: If someone avoids talking about their past, especially when it comes to employment or legal issues, it could be a red flag.
  3. History of substance abuse: Substance abuse can be a risk factor for criminal behaviour, especially if it leads to addiction or involvement with drug-related crimes. If the new partner displays signs of excessive alcohol addiction, drug use or violence this may be a flag of potential criminal history or violence. Drug addiction has a strong correlation to violence.
  4. Unexplained absences: If someone frequently disappears for long periods of time without explanation, it could be a sign that they are involved in illegal activities. It could also mean that they may have been incarcerated or apprehended for a period of time.
  5. Multiple aliases: If someone goes by multiple names or has a history of using fake identities, including online personas this could be a red flag of someone trying to hide something.
  6. Unexplained wealth: If someone has a lot of money or possessions that they cannot explain, it could be a sign that they are involved in illegal activities. Such like this person is unemployed or on Centrelink but drives a vehicle that is beyond their financial means and they seem “cashed up”.

Obtaining the criminal history, financial red flags, gambling habits and drug and alcohol use of parties relevant to proceedings is vital to a Case.

Sometimes, a bit of leverage goes a long way..

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