VIC Being Bullied by Child Protection to Get IVO - Help?

[TeeAye]

Hi all,

I am currently in emergency housing due to my partner unintentionally hurting my young children, due to anger of parents divorce issues (that’s lasted over 6 years).

Since being in emergency housing, my partner has finally been able to see his mum knowing that’s the trigger to his anger and also sought help through GP and got himself on a counselling plan.

I know my partner is not a bad person, he was just angry since the divorce of his parents. However, as he is now seeing his mum and being medicated for his anger (and depression and anxiety) I’m hoping I can go home.

Child Protection will not allow me back home if he’s there unless I have an IVO. I don’t want one, as that is also one of the many triggers of anger for us both, as well a penny pincher (don’t have money, due to on unpaid maternity leave) and also knowing that my partner doesn’t have anywhere to go either.

Can Child protection sue me and take my kids away if I don’t get an IVO?

 

[Jesso]

You definitely need to take this all very seriously. Unintentionally or not hurting the children isn't okay. And it must have been serious enough that you left to go into emergency housing and child protection have become involved.

If you feel that something like an IVO will trigger angry outbursts from your partner then it doesn't seem reasonable to go back and put the children back into an abusive environment.

If you refuse and go against child protection they can and may possibly intervene and that can possibly result in the children being removed from your care.

It comes down to if you are willing to move on and put your children's health and Wellbeing before your own and partners. They are the ones that need your love and support and need an environment that is safe and away from abuse. They are your priority. Not your partner.

 

[TeeAye]

Update:

Thanks for your opinion.

I did end up getting an IVO but a limited one where I could still live in the house with my partner. I spoke to the police and they said I could go home as long as there’s no violence so I returned home.

Unfortunately, DHS rocked up at my home that same night, they came into my home and took my kids off me (traumatised and violated my home, which I’m now getting counselling for) and I had to go children’s court for them. Lucky I’ve got them back home with me but hubby is out homeless and has been for nearly 2 weeks. I will seek legal help to see how we can get the family violence report that was lodged ‘by anonymous party’ and contest that so hubby can come back home.

 

[Jesso]

So there wasn't any violence used by your husband against the children?

You'll need to find a lawyer that isn't afraid to take on Child Protection. And if you do decide to go down that path be very wary you will be risking your children as they'll be back on the scene immediately.
Even if you get your husband back into the home if police show up again you may possibly lose your kids for good. So be very sure if you want to take them on.

 

[Rod]

they came into my home and took my kids off me

What document did they show you that allowed them access to your home?

Are there existing Child Protection Orders in place? If yes, what do they allow/not allow?

Maybe ask about a Family Preservation Order if going to the Children's Court.