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I would like to know if my daughter can come and live in my…

Customer Question
I would like to...

I would like to know if my daughter can come and live in my house with me. Tka son in law

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The son in law took out a dvo on my daughter and he is part owner of the property and live in a seperate house on the property. Qld

Lawyer's Assistant: Has anything been filed or reported?

Yes it was done through thrr Rockhampton court house and they never took into account thae affidavit that I submitted in favour of my eldest daughter

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The son in law is married to my youngest daughter.My eldest daughter has no where else to go to live so that means she would have tive on the street as a homeless person.

Submitted: 11 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/18/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,938
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

What does the order say? Does is say she cannot approach your home?

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Customer reply replied 11 months ago
It says she is not allowed on the property and I own half the property and the Rockhampton court did not take inti the affidavit that I submitted in the favour of my daughter instead they belived the lies of the son in law.
Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

If it specifically says she cannot approach she cannot and if she does then she will be charged with a breach which is a criminal offence. She has to make an application to vary the order.

Was she represented by a solicitor when the court made the order?

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Customer reply replied 11 months ago
No she was not because like me she could not afford one decause she is on an health support pension.The son in law earns big money
Solicitor: Leon, Solicitor replied 11 months ago

She is going to have to approach legal aid.

She has to have an application lodged to vary the order.

How long ago was it made? Has it been more than 28 days? If not she would appeal the decision and have a solicitor present to assist her.

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Customer reply replied 10 months ago
I asked a couple of days about a D.V.O. that was taken out against my daughter. I was told by the son in law that she was not allowed on the property which I am part owner of. Now the D.V.O. said she is not allowed within 100meters of the son in law or other daughter. So that should mean she is still allowed on the property.
Joyce T***s.
Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon

She is not allowed on the property.

If she enters then she is in breach. It all depends on the wording.

But I asked how long ago was the order made?

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