My daughter has been separated from her ex de facto for approx 6 months.
She separated after approx 3 years together because the relationship was extremely toxic & abusive. They have a 2.5-year-old child. (She became pregnant within a week of being with him) She also has a 5-year-old whom has had no contact with the biological father.
They both lived with me for approx 1.5 years, as he had no drivers licence for drug driving & no job. He also spent time in jail for assaulting his previous girlfriend in her bedroom after they separated.
During the time he lived with me, I experienced extreme emotional & psychological abuse from him, even though he was living in my home, which eventually led to me spending most of my time in my bedroom & I eventually moved into my caravan as I could not stand the toxic environment. I also witnessed the same sort of emotional psychological abuse he inflicted on my daughter.
They then spent approx a year together in their own place. After separation, he continued to stalk, harass & abuse my daughter. He also sexually assaulted her in front of the children during a visitation a couple of weeks after she left him.
My daughter applied for a DVO & was granted a 5-year DVO.
He continues to ignore the DVO. She has received 1000s of abusive threatening texts. He has breached the DVO for the forth time & police say he may be looking at jail time this time. He is currently on probation for these breaches.
She tried to initiate mediation & was told that this case was not suitable because of DVO & ongoing extreme intimidation & abuse. There is currently no formal agreement regarding visitation. The mediator told my daughter she doesn't have to put up with abuse. The mediator told my daughter to text him that he is only permitted to do a video call every week & is only to text her at a certain time once a week, & only to discuss child welfare & anything to do with court proceedings regarding child visitation etc.
He has taken no notice & continues to try to call & text her. She sometimes receives over 50 texts a day!
She tried to get court order put in place, because he has previously threatened suicide & also to take both children interstate, but thecourt sent her a letter saying it is not in the best interest of the child for him to have visitation because of the current DVO & young age of the child.
That court order application has since expired & a new solicitor has advised to wait for his application to family court. She has always maintained the weekly video calls, even though he abuses her!
My question is:
Does she have any legal right to stop the video calls? How would this affect family court proceedings?
He uses them to insult & verbally threaten her in front of her son.
Surely she has a right to protect herself & it is no good for their son to hear him abuse her? He has threatened to "f**k her over in family court" & he is going to try & take both her children off her. She is only young, just 23.
She & her children have been living with me for the 6 months since separation as he actually kicked her & the kids out of their home.
She separated after approx 3 years together because the relationship was extremely toxic & abusive. They have a 2.5-year-old child. (She became pregnant within a week of being with him) She also has a 5-year-old whom has had no contact with the biological father.
They both lived with me for approx 1.5 years, as he had no drivers licence for drug driving & no job. He also spent time in jail for assaulting his previous girlfriend in her bedroom after they separated.
During the time he lived with me, I experienced extreme emotional & psychological abuse from him, even though he was living in my home, which eventually led to me spending most of my time in my bedroom & I eventually moved into my caravan as I could not stand the toxic environment. I also witnessed the same sort of emotional psychological abuse he inflicted on my daughter.
They then spent approx a year together in their own place. After separation, he continued to stalk, harass & abuse my daughter. He also sexually assaulted her in front of the children during a visitation a couple of weeks after she left him.
My daughter applied for a DVO & was granted a 5-year DVO.
He continues to ignore the DVO. She has received 1000s of abusive threatening texts. He has breached the DVO for the forth time & police say he may be looking at jail time this time. He is currently on probation for these breaches.
She tried to initiate mediation & was told that this case was not suitable because of DVO & ongoing extreme intimidation & abuse. There is currently no formal agreement regarding visitation. The mediator told my daughter she doesn't have to put up with abuse. The mediator told my daughter to text him that he is only permitted to do a video call every week & is only to text her at a certain time once a week, & only to discuss child welfare & anything to do with court proceedings regarding child visitation etc.
He has taken no notice & continues to try to call & text her. She sometimes receives over 50 texts a day!
She tried to get court order put in place, because he has previously threatened suicide & also to take both children interstate, but thecourt sent her a letter saying it is not in the best interest of the child for him to have visitation because of the current DVO & young age of the child.
That court order application has since expired & a new solicitor has advised to wait for his application to family court. She has always maintained the weekly video calls, even though he abuses her!
My question is:
Does she have any legal right to stop the video calls? How would this affect family court proceedings?
He uses them to insult & verbally threaten her in front of her son.
Surely she has a right to protect herself & it is no good for their son to hear him abuse her? He has threatened to "f**k her over in family court" & he is going to try & take both her children off her. She is only young, just 23.
She & her children have been living with me for the 6 months since separation as he actually kicked her & the kids out of their home.
