Family Dispute Case
The client is seeking a divorce and is facing challenges with her spouse regarding child custody and property rights. The spouse visits their children, aged 8, 12, and 18, every other week, but these visits are distressing for the children, particularly the eldest who feels emotionally affected. The spouse, who is still listed on the mortgage, insists on visiting the family home, causing discomfort by rearranging belongings and taking items without agreement. There have been threats made to relocate into the home and displace the client's elderly parents who live nearby, with a pattern of manipulative and threatening behavior directed towards the client. The client is concerned about ensuring the safety and well-being of herself and her children amidst these challenges.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to obtain a non-molestation order to ensure the safety of my children and myself from my spouse?
To obtain a non-molestation order in your jurisdiction, you can apply through the relevant Family Court. This order can protect you and your children from harassment or threats. You will need to complete the necessary forms, outlining instances of harassment or abuse while providing evidence such as witness statements, messages, or documentation. You may apply without notice if you are in immediate danger. Seek assistance from local support organisations that can offer guidance throughout this process.
How does my spouse's behaviour impact the custody arrangements for my children, and what legal actions can I pursue to modify visitation rights?
Your spouse's behaviour could significantly affect custody arrangements. Late arrivals and the emotional distress caused to the children can be grounds to seek a Child Arrangements Order through the Family Court to modify visitation rights. Such an order will specify where the children will live and their time with each parent. Documenting all incidents can support your application. Mediation might help resolve these issues amicably, but it may not be appropriate if abuse is a factor.
What are my rights concerning the property and the mortgage, and how can I prevent my spouse from moving back into the house?
As a co-owner of the property, your spouse has a legal right to enter. However, you can seek an occupation order under family law to control who resides in the home. This order can temporarily prevent the spouse from returning, based on safety considerations. It’s important to consult with a family law solicitor to discuss your specific situation and continue meeting your mortgage obligations to protect your financial interests.
What can I do to protect my parents living nearby from being threatened or displaced by my spouse?
To protect your parents, consider applying for an occupation order that can regulate who lives at the property and potentially exclude your spouse from the premises. Additionally, having a legal agreement specifying your parents' rights could strengthen their position. Documentation of any threats can support your application for the order. Consulting with a family solicitor for tailored options is advisable.
What are the potential consequences for my spouse if found to be emotionally abusive towards our children, and how can I document these incidents?
If emotional abuse is proven, it may affect your spouse's access rights to the children. Courts prioritize children's welfare and may restrict or supervise visitation rights to protect their emotional well-being. Keep a detailed diary of incidents, including dates, times, interactions, and specific behaviours. Collect relevant communications as evidence.
