Name calling can hurt…the hip pocket!

Calling a grandfather a “paedophile” within the hearing of four (4) people, in the context of a Family Law dispute over arrangements for a small child, has cost the child’s grandmother $30,000.00 in damages plus interest and Court costs in a decision of the NSW District Court handed down in October 2008.

The maternal grandmother of a 2 year old boy was ordered to pay the money to the paternal grandfather after the Court found that telling the boy’s paternal Aunt, within the hearing of the boy’s father, the father’s girlfriend and also a work colleague of the Aunt, that “You know your Dad’s a paedophile – a complete stranger came up to me in the street and told me” was defamatory of the paternal grandfather, and not merely “vulgar abuse”.

The Judge said that the allegation that the paternal grandfather is a paedophile “is at the top of the range in terms of seriousness in relation to defamatory meaning”. The Judge said that in the context of a family dispute about the arrangements for the child “an allegation of paedophilia about any member of the family was highly inflammatory and likely to cause ordinary right thinking members of the community to think less of such a person”.

The Judge gave an award of damages to the grandfather which the Judge believed “should be of a sufficient amount to make clear the vindication of the (Grandfather’s) reputation.”

Emotions often run very high in disputes between families concerning children and the above case highlights the need for restraint and careful consideration of what is and is not appropriate behaviour in any given circumstance.

Before speaking out and possibly damaging another person’s reputation, or causing distress to a child, it is always wise to obtain legal advice and assistance. There are lawful ways of bringing any legitimate concerns about another person’s behaviour to the attention of appropriate authorities without risking either criminal or civil sanctions.

Vivien Carty is a solicitor at Mullane & Lindsay and an Accredited Specialist in Family Law.

For an initial consultation regarding any issues arising from marriage breakdown, be it financial support, property, or relating to parenting arrangements, please telephone Vivien or any of the Mullane Lindsay Family Law team, Mark Sullivan, Kristy Davis or Ashleigh John.  Kristy Davis is present at our Tea Gardens office on Wednesday afternoons by appointment.  (Tel: 4928 7300).