Children & Property Family Law Matters?

[nbkbab04]

I have been separated from my husband for 18 months. I left, moved to my mum's, renovated her garage & have been living there ever since with my 2 daughters,ages 4 & 6. We did try numerous times to fix the marriage but it cannot be repaired.

My husband is very controlling, emotionally & verbally abusive (particularly when drinking) & very manipulative. He only calls when it suits him to speak to the girls, he doesn't pick them up on his alternate weekend, would not cooperate with a parenting plan. He did not see the girls for there birthdays, or Easter, and would not answer the girls' calls to wish him a happy Easter or to my suggestion to see the girls.

He continuously attacks me causing me of brainwashing the girls & attacks my mental state, something he always did when we were together. I now know that it's not me at all but his psychological abuse. He will not sell our property, will not buy me out or allow me to buy him out. I have sent numerous letters requesting disclosure through my solicitor to sort financial & children matters to which he refuses to address. I have spent close to $4000 & I now have to go to court, which will cost thousands more.

How is any of this fair to me or the children? Will he have to help pay court costs. I a, struggling to find the money to go to court? He also has not paid any child support for the entire 18 months of separation. I need to find a place for myself & the children but I cannot afford to rent & keep paying the mortgage. The house is not being maintained at all, grass & gardens completely overgrown, bathrooms are dirty & basically looks as though there has been no cleaning in months.

 

[rebeccag]

Unfortunately, going through the Family Court does involve some fees, but hopefully you will soon get a legally enforceable order that your (ex) husband must comply with. You said you've been dealing with a solicitor - have you spoken to them about your financial hardship situation and their fees?

Perhaps the Department of Human Services could also provide some assistance to you? In terms of parenting/support payments when dealing with an abusive partner, the DHS Family and domestic violence page says that:
"We can help you if you are in, have left, or are preparing to leave a situation where you are affected by family and domestic violence.

We will consider if you are eligible for a range of payments and services such as parenting payment, income support payments, crisis payments and exemptions from seeking employment or collecting child support based on your personal situation.”

Make an appointment at your local service centre to see a social worker or call 132 850 to speak to a social worker.

Also, have you contacted the local Legal Aid office in your area and/or the closest Womens Legal Services Centre for some advice and support?