Right of access to family home - separated spouse left nine months ago

Hi,

On behalf of a good friend I'm trying to help out.

Husband left the family home in December 2010 and hasn't been inside it since. He's been very difficult all year, doesn't pay the full amount of maintenance while going on holidays, won't deal with the bank for the mortgage, hasn't paid anything at all towards the mortgage in 2011, is difficult with the kids, etc. She has recently applied for a judicial separation with legal aid.

Today he sends a text message saying he's moving back into the family home in a few weeks and that he will get the guards involved if he needs to.

What are his rights? There was a temporary barring order in place a few years ago for multiple verbal threats to kill the wife in front of the children, but she didn't follow it through in court - to give the relationship "a chance".

What is the best course of action? Do he have a leg to stand on?

Thanks,
burmo

Tell her change the locks.

Already done nine months ago. She's afraid of him arriving banging on the door demanding to be let in... he was the dominant force in the house before he left... does he have a right of access?

I found this:

Who has the right to live in the home and for how long?
In the case of a married couple where there are children, the spouse with whom the children live will often be given the right to live in the family home until the youngest child reaches 18 or 23. This can provide a sense of continuity for children who are experiencing the separation of their parents. As the specific provisions in relation to children that apply to separation and divorce are not mirrored in the civil partnership legislation, this may not apply in the case of a civil partnership.
The court can make an exclusion order in relation to the spouse/civil partner who is leaving the family/shared home. An exclusion order reflects the recognition of the courts that it is not practical for separated couples/partners to occupy the same house or for the spouses/civil partners who leave to retain a key and have free access to the house.#

Been there - almost identical situation. Short answer = there is nothing she can do about it. They are married and the house is 50% his. If she changes the locks, she will be breaking the law as she is not permitting him to enter his own house.

The judicial separation will decide on the living arrangements but as I'm sure your friend knows, this is a slow process. The bold type in your post above re:staying in the family home etc relates to the family court - i.e. this decision is made as part of the separation and not until then. She is a long way from that stage. So she has 2 choices
1. Move out with the kids. She will still be liable for the mortgage on the family home. He will have access to his children unless something else is in place.
2. Endure his return to the family home.

If she has concerns for her/the children's safety, she need to apply to the district (family) courts for protection/safety order but must have sufficient reasons/evidence.

Best of luck.

She will try to block him in court, but if he moves in she has decided to take the children and leave.

Question is what rights does he have to stop her (legally or otherwise) taking the household possessions, such as the pots & pans and childrens piano? She would not damage the house, etc.

Could you advise her, or perhaps you do it on her behalf, to contact Womens Aid. They have a freephone number 1800 34 1900. They would advise her on what options are available to her and provide her with support to enable her take whatever action is necessary.

Hi olddoll. That's a good idea, thank you!