AVO - Primary PINOP is my 6 years old daughter

[Chris NG]

I am served with police AVO - primary PINOP is my 6 years old daughter + the ex and Grandma. which restricts my contact to all of them, also means now I can't see my daughter any more.

little background of relationship with my daughter.
we recently reconnected by location order after 4 years of separation (Ex kept her away from me 2 years oversea and 2 years after they returned to Sydney) and she has introduced her boyfriend to my daughter as "father" for 1-2 years. after a year of fighting through interim hearing, The court orders grant me 30mins of facetime with my daughter and two unsupervised visits for total of 5 hours a week. Even after 3 months of time spent with my daughter, she won't call me Dad and still consider me as "stranger" or "intruder" to her family, and they all act "Scared" every time changeover happen.

now I am served with police AVO from my 6 years old daughter stated I was threatening her to "find your address and kill all your family" during the facetime with her, which made her cry and threaten. it is blatantly lie. the Grandma and her boyfriend claim there is phone voice recording of child been panicked and sacred and said "I feel scared when I have o talk wit him" after the facetime ended. Now the AVO also include Ex and Grandma, who I haven't even spoken to for almost 4 years.

The AVO states there is not court order in place for me to see my daughter, which also a lie.

Now They turns my daughter against me as primary PINOP and will be represented by Police, and have AVO orders 1,2,5 which stops me contacting my daughter despite the existing interim order.

If I accept without admission would mean I won't see my daughter for 2 years?? If I fight it, how long the process will take?

The ICL arranged mediation in early March, and another court hearing in mid March..

 

[sammy01]

when are you due back in family law court.
You could ask to accept without admission but have the no contact order removed and tell the judge there are interim family court orders.

 

[Chris NG]

when are you due back in family law court.
You could ask to accept without admission but have the no contact order removed and tell the judge there are interim family court orders.

Hey Sammy, the family court hearing is 16th March, and the ICL face to face mediation is 8th March. The court hearing for AVO is set to 16th Feb..

I have been reading about the family interim order vs AVO: the interim orders made by federal circuit court of Australia should override the AVO about no contact with Child right??

The interim order grants me to spend time with my daughter unsupervised every Friday for 2 hours and Sat for 3 hours at the location the Ex drop off an pick up.
Would she breach the interim order if she has AVO now and not to bring the the child to me?? or I will breach the AVO to approach my daughter ?

 

[sammy01]

can you type out the AVO orders 1,2 and 5.
Do you have a solicitor? I reckon it is worth dropping a few $$$ hundred to have solicitor write to her to say the family law stuff over-rides the avo stuff and as such she can get stuffed. (or words to that effect).

I'd take the avo paperwork and the interim family law paperwork to the police officer who issued the avo and be very very nice but ask for a chat and clarification.

So yep she'll probably be in breach of the family law stuff if she doesn't comply but she will clam reasonable excuse because the kid is scared of you... Sadly, she is playing stupid games and you need to get ready for the long haul and it will be worth the effort because at some point her lies will unravel.

 

[Atticus]

I have been reading about the family interim order vs AVO: the interim orders made by federal circuit court of Australia should override the AVO about no contact with Child right??

No unfortunately, not anymore .... Section 68R of the FLA, now gives all states & territories authority to suspend, vary or revoke an existing parenting order
FAMILY LAW ACT 1975 - SECT 68R Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act

I would be talking to my lawyer about what variations may be possible to seek at the Feb 16 AVO hearing ..... Don't accept without admissions at this point, there is no advantage in doing that. At least then there are further court hearings in the future where a variation can be raised, or perhaps the family court hearing in March may alter the circumstances as well.

 

[Chris NG]

can you type out the AVO orders 1,2 and 5.
Do you have a solicitor? I reckon it is worth dropping a few $$$ hundred to have solicitor write to her to say the family law stuff over-rides the avo stuff and as such she can get stuffed. (or words to that effect).

I'd take the avo paperwork and the interim family law paperwork to the police officer who issued the avo and be very very nice but ask for a chat and clarification.

So yep she'll probably be in breach of the family law stuff if she doesn't comply but she will clam reasonable excuse because the kid is scared of you... Sadly, she is playing stupid games and you need to get ready for the long haul and it will be worth the effort because at some point her lies will unravel.

Order 1. You must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
a) assault or threaten them
b) stalk, harass or intimidate them, and
c) intentionally or recklessly destroy or damage any property that belongs to or is in the possession of them.

order 2. You must not approach the protected person or contact them in any way, unless the contact is through a lawyer.

order 5. You must not try to find the protected person except as ordered by a court.

Order 2 about not approach my daughter who being the primary PINOP on AVO which contradict the interim order for me to spend time with her. The Ex lies on her AVO application stated "there is not orders at this time", and " the defendant is allowed supervised visitation at family center" (supervised visitation ended 2 months ago, and all reports show the child has been alienated or brainwashed to believe I am “stranger" and she doesn't want me in her life etc)

 

[Atticus]

The AVO states there is not court order in place for me to see my daughter, which also a lie.

Okay... Just noticed this bit.

So if your AVO does NOT mention anything about S68R of the Family Law Act, there *may* be a loophole in as much the current interim federal order has precedence...You'll need to have your lawyer look at it & advise, but I suspect the cops will just apply for that variation when they are made aware of it

 

[Chris NG]

No unfortunately, not anymore .... Section 68R of the FLA, now gives all states & territories authority to suspend, vary or revoke an existing parenting order
FAMILY LAW ACT 1975 - SECT 68R Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act

I would be talking to my lawyer about what variations may be possible to seek at the Feb 16 AVO hearing ..... Don't accept without admissions at this point, there is no advantage in doing that. At least then there are further court hearings in the future where a variation can be raised, or perhaps the family court hearing in March may alter the circumstances as well.

There is not revive, vary ,discharge or suspend and existing order on AVO as the Ex lied on the application about "no orders at this time". and told the Police i am still on supervised visits.

 

[Atticus]

There is not revive, vary ,discharge or suspend and existing order on AVO as the Ex lied on the application about "no orders at this time".

Maybe not .... have a thorough read & see if there is any reference to S68R in there ... Either way, see your lawyer about the best course of action is my advice.

 

[sammy01]

DO YOU HAVE A SOLICITOR?
If not then at the Feb 18 mention you can tell the magistrate that you'd like the AVO varied so it reflects the family court orders.
But if you have a solicitor take their advice before listening to punters like me.