Wife Granted Exclusive Occupation of Family Home After Husband Kicks Her Out


Mother and child

After a 30 year relationship, our client found herself kicked out of the family home, with little more than a suitcase of her belongings.  While our client was eager to try and resolve the matter by agreement, the husband felt he was in the driver’s seat, comfortably living in the home, and was in no rush to cooperate.

Adding to our client’s stress, she was returning home most days to care for their child who has serious health issues, visiting when she thought the husband would be at work.  Sneaking around and being constantly worried she would bump into her husband who had been historically abusive to her, caused our client to become so stressed she had to take time off from work.

We commenced proceedings in the Federal Circuit Court and sought interim orders for exclusive occupation of the family home.  Again, the husband didn’t take the wife seriously and couldn’t even be bothered to file his documents prior to the first court date.  While the judge wasn’t willing to hear the case on that day, they listed it only three weeks later when it was dealt with definitively.

While it was no surprise to us, the husband appeared completely shocked when the judge read out their orders. Our client’s application was successful and two weeks later she moved back to the family home.

Taylor & Scott’s Family Law Team’s offer to you

If you have been kicked out of your home by your spouse and have nowhere else to go, please phone us on 1800 600 664 or complete the contact form on this page.

Our family law team will be happy to meet with you and provide comprehensive and expert legal advice.

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