AVO - Primary PINOP is my 6 years old daughter

[Chris NG]

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.

Thanks Sammy
I just off phone with my solicitor and advice is to play dumb as she didn't mentioned the there is interim order in place. And try to negotiate with police to replace order 2 and order 5 with order 6 that grants me access to my daughter as per family court order.

After that has been negotiated I would have the following options:

1. Accept AVO “without admissions”. This means that I accept the terms of the avo without admitting to it. This would be the quickest and simplest way to finish the AVO case and will not affect my family law matters;
2. If the police do not accept the variation of the AVO and/ or I want to fight the AVO, the AVO will be set down for a defended hearing..

would that simply easier just tell the police we have current interim order for contact so they could vary the AVO ? I don't follow this negotiation part of process.
and The police may or may not accept the variation to comply with interim order? !

 

[Atticus]

would that simply easier just tell the police we have current interim order for contact so they could vary the AVO ? I don't follow this negotiation part of process.
and The police may or may not accept the variation to comply with interim order? !

Personally, I wouldn't be raising it with police before your first AVO mention next week. Bring it up at court... If you can afford to, have your lawyer with you at this mention... It's really important that you give yourself the best possible chance of having the FC interim orders recognised, & the AVO varied to allow you some contact..

That said, this is going to be difficult in this case as the daughter is the PINOP .... Have you got any family members or close friends who could agree to supervise contact? .... If the magistrate is hesitant to vary the AVO to reflect the unsupervised contact of the FC order, then giving him the option of supervised contact may help... But you must have someone you can nominate who has agreed, & preferably at the hearing.

 

[Chris NG]

Personally, I wouldn't be raising it with police before your first AVO mention next week. Bring it up at court... If you can afford to, have your lawyer with you at this mention... It's really important that you give yourself the best possible chance of having the FC interim orders recognised, & the AVO varied to allow you some contact..

That said, this is going to be difficult in this case as the daughter is the PINOP .... Have you got any family members or close friends who could agree to supervise contact? .... If the magistrate is hesitant to vary the AVO to reflect the unsupervised contact of the FC order, then giving him the option of supervised contact may help... But you must have someone you can nominate who has agreed, & preferably at the hearing.

thanks Atticus
Unfortunately supervise contact by family members or friends won't be option to me. I Can try to refer back the private contact centre that nominated to the FC Court, but I won't be able to afford too many sessions, probably till the mediation at 8th March or FC hearing at 16th March. Hopefully the FC could revoke the AVO or at least remove the child's name from AVO. I just want the time spent with my child, other OVA orders won't affect me at all.

 

[Atticus]

I Can try to refer back the private contact centre that nominated to the FC Court

I would be making contcat with them ASAP & see if they are able to accommodate you if the court allows it..

I know it's a step backward from the interim FC order, but it's better than nothing until you get to FC in March, & may just be enough to sway the magistrate .... I just think it will be very difficult for a magistrate to agree to the AVO being varied to allow unsupervised contact in a case where the primary PINOP is the child...