Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

jaxemjay

Active Member
11 June 2019
10
0
31
NSW
My children and I have just come through Family Violence. He was convicted 14 months ICO with rehab and AVO in place for children and I for two years. I thought we could breathe for awhile. Not even three weeks later I now have Federal Court papers for a date in December for him going for custody. I now have to face my abuser and fight for the safety of my children.
Why would I have been served Federal Court papers and not Family Court papers for Child Custody?
If there is a AVO would it go in my favour for custody?
I have evidence of further family violence. Psychologist reports that the children are terrified of their father etc.
I did relocate 3.5 hours away and have psychologist recommendations to do so to be close to my family for support.
Any advice appreciated.
 

sammy01

Well-Known Member
27 September 2015
4,273
621
2,894
Why would I have been served Federal Court papers and not Family Court papers for Child Custody?
Answer - standard practice.
If there is a AVO would it go in my favour for custody?
Answer - Yes
Contact legal aid asap.
The relocating without dad's consent is a problem. Get yourself some legal representation asap.
 
  • Like
Reactions: jaxemjay