Post Interference Dispute
The individual, residing in Western Australia, is experiencing distress due to their former partner withholding mail directed to them at a previous shared residence. This issue came to light after the individual faced significant repercussions from missing important correspondence. The individual is considering drafting a formal letter to their former partner, requesting the return of any withheld mail and warning them of potential further legal action. The situation involves issues of mail interception, emotional distress, and family law.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the estimated cost of drafting and sending a formal letter regarding withheld mail?
The estimated cost for drafting and sending a formal letter by a solicitor in Australia typically ranges from AUD 200 to AUD 400, depending on the solicitor's fees and the complexity of the situation. For a straightforward case involving withheld mail, costs may be on the lower end. It's advisable to request a quote from solicitors to clarify fees involved.
What legal rights do I have if my former partner continues to withhold my mail, and what actions can I take?
You have the right to receive your mail without obstruction. Withholding mail may constitute harassment or infringe on your rights to privacy. If your former partner persists in withholding your mail, you may report it to the police if it amounts to theft or harassment. Additionally, you can seek a court order to compel your former partner to return your mail or cease their actions.
What documentation will I need to provide to proceed with this matter?
To proceed, you may need to provide:
- Your full name and any former names.
- Your current address and the address from which mail was withheld.
- Evidence of withheld mail, like photographs or detailed descriptions.
- Any prior correspondences with your former partner regarding this issue.
- Dates when you became aware of the withheld mail.
- Evidence showing how the withheld mail has caused you distress, such as missed deadlines.
- Contact information for your former partner for sending the communication.
- Any existing legal documents related to the mail issue.
How can I demonstrate that my former partner is intentionally withholding my mail?
To demonstrate intentional withholding of mail by your former partner, you could gather evidence such as any written communication admitting to the act or discussing the withheld mail. Keeping a log detailing dates and descriptions of missing mail would also be helpful. Testimonies from witnesses who can confirm seeing your former partner handle your mail may strengthen your case. Additionally, documenting your attempts to retrieve the mail can further support your claim.
What legal risks should I be aware of in pursuing this matter through a solicitor?
Pursuing this matter with a solicitor can involve costs and considerable time, which should be balanced against the potential to recover your mail or deter further withholding. Sending a formal letter might escalate tensions with your former partner. If the issue remains unresolved, you may need to consider court proceedings, which could involve legal provisions or remedies for harassment.
