SA Father's Rights to See Child Under Family Law?

[Jranikk46]

I really need help. I am 24 year old and my ex girlfriend had our son 18 months ago. The month before my son was born she said she was moving back home with her parents so she will be close to hospital. I agreed with this as a supportive boyfriend. The day my son was born her mum called me late so I did not get to see his arrival. I travelled 3 hours to hospital and she started a fight and kicked me out. Ever since that day, I have only ever spent the night with my son when his mother decides to use me for a weekend holiday away or a week holiday which I pay for as she gave me false hope of being a family. She did this at least 6 times over the 18 months.

Then I find out she never told her parents she was spending time with me. One time we spent a week together with my son and she went home. I did not hear anything for a couple of days. I was texting her and calling her. Then I got my mum too because we were so concerned she had been in an accident. Day 8 she calls me and abuses me saying she had gone on a cruise and did not want me to know because she left my son with her parents. This goes on and on. Any time I ask if I can see my son, she makes me go to her parents' house and sit and play while her family are around.

I just want to see my son. It has now been 3 months since I have seen him. She has now put an AVO on me the police just turned up and I could not defend myself. I just took it on the chin.

But last week she got the police to arrest me as she friended me on snapchat and was talking away to me. Then she said 'you do know you are going against the avo'. I said "you started talking to me". She took pictures of the snapchat. The police came and arrested me. I am now on a 12 month good behaviour bond. I can not contact her. Only through my nanna. But my ex won't reply now to my nanna re me seeing my son. Please what can I do under family law?

I just want to see my son.

 

[Sophea]

Is your son listed as a protected applicant on the AVO as well as your ex girlfriend?

 

[Jranikk46]

Is your son listed as a protected applicant on the AVO as well as your ex girlfriend?

Just her.
It says i can not text her. And if i want to visit my son i have to get my nan to text her. But she does not reply. I have not seen him now for over 3 months.

 

[Sophea]

That's good, so nothing in the AVO prevents you from seeing your son.

Do you know whether the order is an interim order? Or whether she went to court to get it? You may be able to go to court and dispute it.

Otherwise, do you already have family court orders for when you can see your child? If the family court makes orders and they conflict with an AVO, then the family law takes priority and any inconsistency will be overruled by the family court orders. Therefore if you have orders that you can see your son, then this overrides anything in the intervention order and is enforceable against your ex.

AVOs can also be modified by the court to take into account the practical arrangements for seeing children. Alternatively, family law orders can be made to take into account intervention orders, for example, by arranging for an independent person to be present during contact hand-over times.

If you don't have family law orders in place giving you set rights as to when you can have access to your son, or if there is no basis for the AVO and you want to dispute it, I would seek personalised legal advice. Start with a community legal centre in your area or contact Legal aid.