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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44876
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My son has been evicted from his wife for domestic

Customer Question

My son has been evicted from his wife for domestic violence.they have an 16 months old child. He has been asking her to see his child and she has been asking him to come to the house?? He cannot go there because if the law. She is not wanting to meet with him out of the house. They have a mortgage and he is paying the mortgage while she is staying in the house and now he had to probably tent a place. Please advise.
JA: Are you both on the lease or title? Do you both contribute to the rent or mortgage?
Customer: We as the parents are quarantors on the mortgage.we don't contribute.
JA: Family law varies by state. What state are you in?
Customer: Vic
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes what ate his options. And why does she want him to go the house when clearly he cannot and can face jail.is she up to something?
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Evening

Has she obtained an intervention order fro protection and does it include the child?

If they have just separated he is going to have to go to mediation with her.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

He will also have to seek that the Intervention order be amended to allow contact with the child.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon