VIC Relationship split guidance please

[Irene nelson]

my son and his defacto have split up
They broke up a while ago and then got back together again
Last time was really bad she really worked him over he was suicidal because of it all
This time with help he is doing ok
He has come home to us but most of his and his sons stuff is at the house they were renting
He has been there to get stuff and she has taken all his valuable model trains and other valuable things and has them in the boot of her car it may not sound like much but they have got to be worth about $10,000 and she is refusing to give them back she has everything else
The police have said there is nothing they can do but some of these are gifts that we have bought him and his son
He hasn’t got much money as he has been supporting her and her daughter and his son from previous relationship
So is there anything he can do

 

[AllForHer]

It pains me to say this, but the cost of going to Court to recover these items is going to far exceed their value, so I don't think that's a viable option.

Has he reported them stolen, by chance?

 

[Irene nelson]

No he hasn’t because police said he couldn’t do anything

 

[Rod]

Is long as you are certain the trains are in the trunk, have your son take a crowbar, open the trunk, only doing sufficient damage to open the trunk, no other damage is allowed, and take just his property.

If your son is mistaken, he becomes liable for the damage caused.

BTW, he should have text messages/evidence of of her admitting to having his property. He may need the assistance of a lawyer in doing this but a good lawyer can get him off Maybe get legal advice from an experienced criminal lawyer before taking this action. There may be a justifiable defence available but best see a good crim lawyer.

 

[Irene nelson]

I can't believe that she can get away with it
She has everything, he has supported her and her daughter
We gave him some money a couple of years ago and he bought new furniture and electrical goods and she can steal his and his sons things and he can't do anything

 

[sammy01]

Do not take Rod's advice... Breaking into someone else's property is illegal. He will be charged and he will get a criminal conviction. Do not break into the car. NO NO NO... He will also get an avo on him and that will be even less fun...

Call Relationships Australia. Organise mediation.

Offer the ex a thousand $$$ to buy the stuff back. IF she refuses - she refuses... But try that first.

 

[Rod]

Breaking into someone else's property is illegal.

I used to think the same.

However, it is not illegal in a particular circumstance and this is likely to be the circumstance. Suggest you talk with a criminal lawyer because if you get it wrong it will be illegal.

 

[Irene nelson]

Thanks guys appreciate all comments
It now gets better, he went to the house to pick up some stuff and ended up staying the night with her at her invitation
He thought it meant something but in the morning things were back to the way it was before so later in the day he went back picked up some of his stuff and the dog that he bought
She came home as he was leaving, started screaming at him hitting and kicking him.
He left telling her to calm down, told her that all she has to do was let him take all his and his sons stuff including the things that she has hidden and he would let her have the dog
Next thing we know the police are on our doorstep saying she has accused him of assault, not a mark on her, but he has to go to court on Thursday to appeal the avo that she has asked for
One good thing at least he can ask that he be allowed to go to the house and get all his and his sons things

 

[Irene nelson]

That's all he wants he was letting her have everything else

 

[AllForHer]

Maybe not such a bad thing.

He can tell the ex's lawyer or police that he's happy to accept the AVO without admission of guilt, on the condition that he is permitted to retrieve his belongings with police escort (including those in the trunk of the car).