QLD Child on DVO turns 18

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tinalucianne

Member
9 April 2021
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Hi
My child is on a protection order taken out by my Ex partner however he has now turned 18m does this mean he is no longer under the order and i can contact him?
 

Atticus

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6 February 2019
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A DVO is not like a parenting order where it basically ceases to have affect on a child's 18th birthday.... Unless the order says differently, the age of the AFM won't affect it's operation....

The 18 year old could apply to have the order varied. .... Initially you will probably have to approach him via a lawyer to request mediation with a view to some contact.
 

tinalucianne

Member
9 April 2021
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A DVO is not like a parenting order where it basically ceases to have affect on a child's 18th birthday.... Unless the order says differently, the age of the AFM won't affect it's operation....

The 18 year old could apply to have the order varied. .... Initially you will probably have to approach him via a lawyer to request mediation with a view to some contact.
Hi
Thank you so much for your input but there is one thing I forgot to mention and that is there is now a family law court order that states i an allowed contact however the cops are saying its not specific for their liking and would probably end up charging me if i text my son or anything.

There is also a clause in the dvo which says that i can have access to my son subject to an Order of THE Court, that also confuses the cops.
 

Atticus

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6 February 2019
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I forgot to mention and that is there is now a family law court order that states i an allowed contact
Due to the affect of SECTION 65H of the Family Law Act It's highly unlikely that order is still in affect (in relation to the 18 year old) ...

You may need to take the protection order along to a lawyer (perhaps a community legal centre) for an opinion on the wording & what your options are ... Ordinarily, protection orders allow for contact via a lawyer... If you can do that, then you could have the 18 year old sent a letter offering to discuss future contact in mediation... Any formal agreement being made between the two of you from that process should be sufficient.
 

tinalucianne

Member
9 April 2021
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Thank you so much for your help. You have restored my faith in people after all the bullxxxt i have had to put up with from the police who simply refuse to give me an answer.
Can the letter to him come from anyone or must it be a lawyer?"To be honest I think your probably a lawyer but the ones i have met seem to be totally baffled by it all and just seem to want to go to court. My son turned 18 on 8/04 and all i want to do is wish him a happy birthday and tell him i love him, your the only one whos helping me get closer to that goal and i truly thank you.
Tina
 

Atticus

Well-Known Member
6 February 2019
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after all the bullxxxt i have had to put up with from the police who simply refuse to give me an answer.
When serving a protection order, police are supposed to fully explain the conditions of the order & consequences of breaching those conditions until the person being served acknowledges that they fully understand.
To be honest I think your probably a lawyer but the ones i have met seem to be totally baffled by it all and just seem to want to go to court. My son turned 18 on 8/04 and all i want to do is wish him a happy birthday and tell him i love him
I'm not a lawyer, but if the conditions are ambiguous the cops will just err on the side of caution & tell you to not make contact in any manner except through a lawyer... See if a community legal centre can assist you in reaching out to your son via a letter wishing him a happy BD & an invitation to attend mediation with a view to an agreement that will allow you some direct contact. See how that goes as a starter