Separation Access Dispute
The client, residing in New South Wales, is navigating a complex separation process without any existing agreements regarding property access. Both the client and their spouse are contending with Apprehended Domestic Violence Orders (ADVOs) issued against each other, imposing behavior restrictions to protect both parties. The client has concerns about their children's safety following an incident involving their spouse’s mental health crisis. The couple operates a shared business and co-habit at the family home, further complicating the situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I be locked out of the family home during separation?
In Australia, both parties generally have the right to remain in the family home during separation unless a court orders otherwise. However, the existing ADVOs may affect living arrangements, potentially leading one party to vacate the home for safety reasons. If you fear being locked out, consider applying to the court for exclusive occupancy rights to maintain your residence in the home.
What steps can I take to ensure the safety and well-being of my children given the current circumstances?
To ensure your children's safety, consider applying for a parenting order through the Family Court to establish living arrangements and visitation times. It may be important to engage with child protection services or a family counsellor to address any emotional impacts on the children.
What should I consider when negotiating property access and living arrangements during a separation?
When negotiating property access during separation, consider the current legal orders in place and prioritize the needs of your children. It is also important to assess financial contributions and seek mediation to facilitate amicable agreements.
How can I legally protect my rights to the family home while the separation is ongoing?
To protect your rights to the family home, you can apply for an exclusive occupancy order from the Family Court. This order allows you to reside in the home and may exclude your spouse if necessary, considering safety and the welfare of the children.
