Case Study: Helping an abused mum-of-three stay in the family home

Helping an abused mum-of-three stay in the family home

Client Story

Our client – a mother – was the victim of serious domestic violence at the hands of the father. There were three children involved in the family relationship. 

The father had been incarcerated for contravening an ADVO for the protection of the mother and children by attacking the mother and the children.  

From gaol, the father procured a real estate agent to charge the mother rent to live in the family home.

The mother paid approximately $8,000 in rent over the course of approximately 20 weeks. 

After she obtained our advice, she ceased paying rent. 

The father then asked the real estate agent to serve an eviction notice on the mother in an attempt to drive her and the children out of the family home.  

All assets of the relationship (save for the mother’s funds in bank and personal effects) were in the name of the father. 

Issues

The situation had a number of issues to evaluate and navigate, not least being:

  • Serious and ongoing domestic violence
  • All assets of value in the name of the other party
  • One party in full-time custody
  • A derelict real estate agent

What We Did

We acted on the mother’s behalf to restrain the real estate agent by threatening to report them to their regulatory authority.

We then filed an urgent application seeking orders restraining the father from selling or otherwise disposing of assets or increasing liabilities without our client’s consent and that the father not spend time with nor speak to the children. 

The Outcome

Ryan & Seton Lawyers successfully filed interim orders:

  • Preventing the father from spending time with or communicating with the children;
  • Enabling the mother to live in the family home until it is sold on her terms; 
  • Preventing the father from selling or otherwise disposing of assets or increasing liabilities without the mother’s consent.

For all your property law concerns, please contact Ryan & Seton Lawyers – our friendly team will be happy to advise you, or take on as much of the process as you need to make it a little less stressful for you.

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