Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Who decides whether my children and I can stay in our home?

I have just split up with my partner. I want to stay in our house with the children but he wants us to move out. Who decides?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 03-12-2015
1 Lawyer Answered
View more Q&A on:
  1. Children & Parenting
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Penrith 2570 NSW

  • If there is any issue to do with property or the children that you and your ex-partner cannot resolve then you should seek legal advice. You may be able to seek an order stating that you and the children occupy the home at least until there is a financial settlement.
  • In some cases people remain in the same house even after they are separated. They have separate rooms and separate finances but they are both available for their children as before.
  • This arrangement can work for some people but it should not be attempted if there is family violence.
  • When making decisions try to be guided by what will best meet your children’s needs and seek extra support to help you.

Forum Posts

Disclaimer