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.

So, which case won?

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.