QLD Unsure of my rights need some advice please

[Kim Ross]

Hello,
My husband is refusing to allow my daughter to move back in after he kicked her out before Christmas. She took some money from our room. I have stressed the seriousness of what she has done and she has given some money back and intends to return the rest when she gets a job. I spoke to the police and explained I didn’t want her to get a criminal record. I advised my husband I had things under control and he would get the money back.
He went behind my back called the police and is threatening to have her charged. I advised he will be getting the money as soon as my daughter gets a job and is trying to sell her tools.
I advised him my daughter was moving back yesterday as I decided to take a stand and said she has nowhere to stay and needs support not condemnation. She can home for about an hour, in that time her verbally abused both of us. Cut the electricity to the air conditioning in her room, which is where I am sleeping.
She is trying to repair the damage but he is threatening her with the police.
Am I within my rights to have her back in our house? I am joint owner .
Thank you

 

[Rob Legat - SBPL]

I may not be the best person to answer your question, but it would be helpful if you could tell us your daughter’s age, and whether your husband is her father.

 

[Kim Ross]

I may not be the best person to answer your question, but it would be helpful if you could tell us your daughter’s age, and whether your husband is her father.

Hello,
My daughter is nineteen and he is not her father.
Kind Regards
Kim

 

[Rob Legat - SBPL]

As an owner of the property, you have the right to allow persons into your home. As a co-owner, your husband has the right to exclude people as well. While he may cite trespass, your permission will generally counteract that. The police will not want to get involved in a ‘domestic squabble’ along those lines, but may ‘suggest’ your daughter leave the house as she is an adult and a complaint has been made against her.

the practical outcome if your husband wishes to push the matter is to apply for a domestic violence order (or the police can do it, but I’m thinking it would be unlikely in this instance - not my area, so not speaking from experience). A condition of the order could include your daughter being excluded from the property. While it may or may not be ultimately successful, an interim order could be put in place which would have the effect of removing her from the house in the short term.

 

[Kim Ross]

As an owner of the property, you have the right to allow persons into your home. As a co-owner, your husband has the right to exclude people as well. While he may cite trespass, your permission will generally counteract that. The police will not want to get involved in a ‘domestic squabble’ along those lines, but may ‘suggest’ your daughter leave the house as she is an adult and a complaint has been made against her.

the practical outcome if your husband wishes to push the matter is to apply for a domestic violence order (or the police can do it, but I’m thinking it would be unlikely in this instance - not my area, so not speaking from experience). A condition of the order could include your daughter being excluded from the property. While it may or may not be ultimately successful, an interim order could be put in place which would have the effect of removing her from the house in the short term.

She is already out of the house, but is only staying with friends and cannot stay much longer.

 

[Kim Ross]

She is already out of the house, but is only staying with friends and cannot stay much longer.

My daughter has no money and I am trying to be supportive so we can work past this.

 

[gunners]

Not a legal response here.

Sounds like a choice between a relationship and you're daughter then.

I know what I would choose.

And is the biological father not in involved at all?