Hi my husband was removed from our house after a nasty domestic violence incident. My children were witness to the event and we're severely traumatised by everything they saw. My husband was charged, advo issued for both myself and my children. The police and legal aid helped us secure a interim avo and he pleaded guilty to assult occasioning actual bodily harm. He has since been sentenced with a section 9 good behavior bond and ordered to attend counselling and the final avo was issued for myself and my children.
During the first court date his lawyer advised us that he had advised my ex husband that he had not been excluded from the house and that he could move back in to the house as he was on the lease agreement, so long as he didn't harrass or intimidate either myself and the children there was nothing legally the police could do to remove him. The police and my legal aid lawyer agreed that an exclusion order to enter the property needed to be added as well as he was not allowed to contact any of us unless via a lawyer. My ex husband and lawyer didn't agree to this unless I offered visitation for the children. The judge and legal aid wanted supervised visitation for 2hrs every Saturday and Sunday but because we didn't have a contact centre near us and I had no one suitable to supervise, he was offered a interim parenting orders with a set time and location in a public place and a alternative location due to poor weather. He signed the agreement and it passed over the judges desk and she agreed to it and issued a interim avo.
Sorry for how long this is but my question is... If he was to remove the children from the set location that was agreed upon and took them to his private residence would the police intervene even though it is during his set visitation time. I have heard chatter that he is planning to do this even though it was not in the set plan. He asked to take them to his house this week and I said no as we needed to follow the agreement we both signed. I am worried that because the parenting agreement was not made via family law court the police will not take it seriously. There is a lot more to this but it way to long already. Thanks
During the first court date his lawyer advised us that he had advised my ex husband that he had not been excluded from the house and that he could move back in to the house as he was on the lease agreement, so long as he didn't harrass or intimidate either myself and the children there was nothing legally the police could do to remove him. The police and my legal aid lawyer agreed that an exclusion order to enter the property needed to be added as well as he was not allowed to contact any of us unless via a lawyer. My ex husband and lawyer didn't agree to this unless I offered visitation for the children. The judge and legal aid wanted supervised visitation for 2hrs every Saturday and Sunday but because we didn't have a contact centre near us and I had no one suitable to supervise, he was offered a interim parenting orders with a set time and location in a public place and a alternative location due to poor weather. He signed the agreement and it passed over the judges desk and she agreed to it and issued a interim avo.
Sorry for how long this is but my question is... If he was to remove the children from the set location that was agreed upon and took them to his private residence would the police intervene even though it is during his set visitation time. I have heard chatter that he is planning to do this even though it was not in the set plan. He asked to take them to his house this week and I said no as we needed to follow the agreement we both signed. I am worried that because the parenting agreement was not made via family law court the police will not take it seriously. There is a lot more to this but it way to long already. Thanks