The answer to ‘who stays in the family home after separation’ is not always straightforward. Under Australian family law, both partners generally have the right to remain in the property—even if it’s in one person’s name. Short-term solutions like living under the same roof or adopting a nesting arrangement can help, but safety and wellbeing should always come first. If you can’t reach an agreement, the court may issue exclusive occupation orders to resolve disputes.

The United Nations Convention on the Rights of the Child, is an international human rights treaty which sets out the rights of children who are under 18 years of age. As set out below, the United Nations Convention on the Rights of the Child serves to provide a framework to ensure the rights of all children internationally, including for children living in Australia.