A member asked over 8 years ago

Family Law

My wife has asked me to move out in a temporary separation situation. She has done so because we have daughters who have mental illness and they place the blame for this on me. My wife has asked me to not be around so she can help them to heal. My wife herself is recovering from a depressive illness herself, which my other children are blaming me for, so they also don't want dad around at the moment. So for 3 weeks I have been staying with friends with no admittance to the house.
What are my rights in this situation and what should I be preparing for at this time.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are having a very difficult time. It is understandable and appropriate to seek advice about your obligations as a father to see and support your children.


There are no formal requirements for how much a parent must visit their children in the every day course of life, but both parents do have the right to see their children. The law will not intervene in the private arrangements that parents have regarding access unless parents request it to do so. So long as the arrangement is mutually beneficial, most parents choose not to involve the courts. If you are not happy with the amount your wife is allowing you to see your children you can apply to have the court make an order that you can see them. Your wife does not have the right to prevent you from seeing your children unless a Court has said she does. This will require you to see a lawyer, who will learn about your situation, and then guide you to the best course of action.


Suggested way forward

If you are short on money, we recommend that you contact your local legal aid office in order to find a lawyer or more information about your rights. Alternatively, by pressing the "Take Action" button through LawAdvisor - which opens in early September - we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

Val Antoff
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