VIC applying to vary intervention order

[Atticus]

The current IVO is one with the lot. Not to go within 200m of the home

Okay ... was hoping maybe the actual address wasn't on there ... At the variation hearing, you may also want to consider changing any clause that may be on there about 'only communicating via lawyers' to communicating through accredited mediation services... Going to be quicker, cheaper, & will allow you to be issued a section 60I certificate from mediator if it fails,.. the 60I is needed to file for court orders should it come to that.

Kids were put on the order because the ex had claimed that I'd sworn and been angry in front of the children.

Scary that it just takes the word of a pi**ed of partner to have your kids placed on a court order that effectively removes them from your life ... Anyway, looks very promising that will be removed

speaking of IVO's - my copy is at the home where I can't go - where should I go to get a copy? police station? court when I attend for the variation?

I reckon it won't matter. Court will have access to it, but if you want to check it out before then, police should be able to forward you a copy, or if you attend a station, should just be a matter of confirming your ID, bringing it up on their system & printing it out

 

[Jamie27]

Went to court - no luck unfortunately due to the outlandish (false) allegations the ex made against me 4 years ago. Girls stay on the order. Her lawyer sent an email saying they can contact me on Mon/Wed/Fri. Can't return to the family home. IVO expires July 19. I guess she will just go and get another one. A bit disappointed I didn't get to give my version of events but the courts just don't care. I will probably get in trouble for breaching the order by returning to live there when I wasn't meant to. Paying the price for trusting the ex and her lawyer that what we were doing was okay. That's my mistake and I will pay for it. Time to get a lawyer.

 

[Jamie27]

I think the best I can hope for (if it comes to that) is to fall on my sword and say yes I did return to the family home after my ex pleaded with me to help her with our anorexic daughter. I don't have much wriggle room. If I get a conviction my career prospects are toast. Will push for a good behaviour bond and no conviction. Moral of the story is don't trust the ex EVER - and get everything ticked off in court - no matter how long it takes.

 

[Atticus]

Went to court - no luck unfortunately ....... Girls stay on the order........ IVO expires July 19. I guess she will just go and get another one.

Did you get a chance to mention that it was the police who attended that advised the variation after seeing the distressed sate of the kids? ..... Maybe you were just unlucky in getting a disinterested/lazy magistrate ...

In any case, to repeat, you will have to walk on eggshells for a while, adhere STRICTLY to the orders & don't give her reason to apply for an extension (yes I know, she could just spin a yarn) cross that bridge if it happens. At least the local cops seem clued up....

I would expect if you were going to be actually charged with breaching then that would have happened by now..... are police asking you to attend any further interviews ?

 

[Jamie27]

Hi Atticus - nope didn't get a chance to put any of my side of the story across at all. Police prosecutor went and called the ex who has used the opportunity to ditch her rental and move back into the family home. As soon as they established that turn of events which I did not know about at the time my application had no chance of succeeding. I agree that I just need to walk on eggshells and adhere to the order which expires in 3 months. I will talk to the kids when I am allowed to and use the time to focus on finding a job, and get fit. I am actually feeling very clear headed about this for the first time in a long time. The main thing is I know the girls love their dad.

And no, I have not heard from police since our interview on April 3.

 

[sammy01]

how much equity in the house? who is paying the mortgage now?

 

[Jamie27]

how much equity in the house? who is paying the mortgage now?

Funny you mention that Sammy - I'd just applied for a 6 month reprieve from repayments due to my job situation before she went and did this - so maybe she saw it as a chance to live rent and mortgage-free for a while.

There's some okay equity in the house - I'm confident if I get a decent job in a similar income bracket to what I was on I would be able to take it over but not too stressed about that... she wouldn't be able to afford the mortgage on her own.

 

[Atticus]

And no, I have not heard from police since our interview on April 3.

I think your'e in the clear of being charged then...

I'm confident if I get a decent job in a similar income bracket to what I was on I would be able to take it over

My advice is, if you want this over & minimize the financial fallout, don't delay in trying to negotiate a property settlement & move to initiating orders if there is no willingness to compromise a realistic settlement

 

[sammy01]

I'd just applied for a 6 month reprieve from repayments due to my job situation before she went and did this - contact the bank and ask for them to cease reviewing the mortgage hardship request.

Did she know you've done this?

Where are you living?

 

[Jamie27]

I'd just applied for a 6 month reprieve from repayments due to my job situation before she went and did this - contact the bank and ask for them to cease reviewing the mortgage hardship request.

Did she know you've done this?

Where are you living?

Hi Sammy I'm living at my mum's at the moment. And yeah I told her I was going to do it after losing my job.