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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5596
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My daughter lives in wa and is going thru marriage

Customer Question

My daughter lives in wa and is going thru marriage separation there are 2 children 2 and 1 now her rights her husband has moved out she receives centrelink payments of approx 900 fortnite and husband gives her 150 weekly for children they are both on mortgage of house he is still paying that but as of yesterday he stopped ddebit of gas electricity internet therefore forcing her into paying bills can he do this also he comes and goes as he pleases without so much as a text which is all she wants he has kids 1 day a week which is great but quite often she doesnt know till day before so she cant make appt etc can that be made so that he has a specific day or days and if she wanted to move back to qld with kids where her majority of family is wat are the rules they have had valuation on house i believe going to sell he said he might buy her out which im concerned he will go for lowest payment he can wat are the rules i am asking this on her behalf as she is stressed and has no credit and with 2 kids just cant get about as easily as some Roslyn
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

All of this needs to be settled, now.
Property orders and children orders need to be made.
Can either party afford to live in the home?
If not, it needs to be sold of.
She would be entitled to 60% of the assets at least.
If he can afford to buy her out, it will be valued at market value.

in respect to children orders, he of course has rights to see the kids.
I propose 1 day a week, nominate a day, then a move for overnight access when the kids are both over 2 years of age, perhaps alternate weekends and the like.

She may not be able to relocate to QLD just yet, as the children need to see dad.

She can try, however she needs to prove that it is in the best interests of the kids to do so, it is a massive argument to satisfy, as it is across the other side of the country.

Customer: replied 1 year ago.
He has not answered questions to my satisfaction
Expert:  Daniel replied 1 year ago.

What more info do you need?
I am happy to assist.