LWA213 Family Law | Separation and Divorce

One day, she passed a shop on the way to pick up the children from school. She met a lady in the shop, whom she says she has become friends with and likes to drop in to say hello before picking up the children from school. One night after Jed came home from work, he asked Gloria where she was going before school pick up. She told him that she had met a lady in a shop, so she likes to go there, but she wondered how he knew. That night, Jed came up to her while she was getting ready for bed, he suddenly yelled at her, accusing her that she was having an affair and told her she was a liar, that she was always a liar back in Tanzania and he slapped her across the ear. The children heard their father yelling and their mother crying.

Gloria is very confused, frightened to be in the flat with Jed and doesn’t know what she should do. She has since learned that Jed was able to track her through her mobile phone, because he bought the phone and the sim card for her to use.

Jed has moved onto the couch in the loungeroom. She doesn’t see him, because he comes home late at night and he refuses to talk to her. Gloria says the children are scared of their father now and don’t want to go shopping with him and now there is not much food left in the house.

Gloria wants to leave Jed, but she also wants the children to stay with her. She has always looked after the children since birth in Tanzania and while Jed was in Australia. She says Jed only has time to drive the children to school and sometimes he takes them out for ice cream or shopping.

Gloria wants to leave Jed and live with the children on her own.

She wants to know how the law in Australia deals with:

1) The breakdown of marriage (separation and divorce) in general terms;

2) Parenting arrangements for the children of the marriage – 

The law with respect to parental responsibility;

Provisions for family violence;

How the ‘best interests’ of the child are considered and determined.

3) how can she talk about things with her husband when he doesn’t look at her, let alone talk to her?

The options separated parents have for resolving parenting disputes.

4) whether she can move to Melbourne soon, because she has a cousin who lives there.

How the Court deals with the relocation of children, including the considerations the Court will take into account.