NSW Family Law - Do I Have to Move Out?

[Rachel_s17]

Hi,

My husband of 17 years announced he wants to call our relationship quits. According to Family Law, do I move out into a friend's house until I can see a lawyer and get my finances sorted or do I stay put?

He says he wants it over but is refusing to leave the property. He is living in his office which is a granny flat at the back of our house. I'm not sure that I can kick him out. He has been abusive verbally in the past I'm worried about my kids' safety.

I'm currently at a friends until I can get legal advice.

 

[sammy01]

Is he the father if the kids? I'm assuming yes.

Then they are not your kids - they are our kids - as in his and yours.

Nope you can't kick him out. You could speak to the police about an AVO but I don't think this is a great idea. Look AVO's are very easy to get and you could get him out of the house as a result. And I don't know if you have sufficient grounds.

Your best bet - call Relationships Australia on Monday and ask for their help.

 

[MartyK]

Hi,

My husband of 17 years announced he wants to call our relationship quits. According to Family Law, do I move out into a friend's house until I can see a lawyer and get my finances sorted or do I stay put?

He says he wants it over but is refusing to leave the property. He is living in his office which is a granny flat at the back of our house. I'm not sure that I can kick him out. He has been abusive verbally in the past I'm worried about my kids' safety.

I'm currently at a friends until I can get legal advice.

You say that he has been verbally abusive in the past. I could quite imagine that there would have been some heated arguments if the relationship was going south.

How exactly are you worried about the children's safety?