disobedience contempt

[nip]

Under a Victorian final PSIO, must the respondent do their best to prevent their dependent teenager child from disobeying the order?

If the respondent is clearly allowing (albeit not telling) their dependent teenager to disobey the order, what is the appropriate legal recourse for the applicant?

PS My lawyer doesn't know the answer.

 

[Rod]

Need more information.

1. Is this a PSIO or FVIO?
2. Is the teenage daughter named as a respondent?
3. How old is the daughter?
4. If no, is the respondent telling the daughter to act as his agent?
5. What do the orders say in relation to children?

I can likely help with your queries if you want to contact our office.

 

[nip]

Need more information.

1. Is this a PSIO or FVIO?
2. Is the teenage daughter named as a respondent?
3. How old is the daughter?
4. If no, is the respondent telling the daughter to act as his agent?
5. What do the orders say in relation to children?

I can likely help with your queries if you want to contact our office.

Many thanks, Rod.
1. It's a final PSIO.
2, 3. No, the 15-yo is not named as a respondent.
4. The parents allow the behaviour (noise harassment) and the teen is happy to engage in it.
5. The order doesn't mention the respondents' children.

I'm wondering if I need to amend the order to include the 15-yo - as well as a 10-yo who also engages.
I, perhaps naively, thought the parent respondents would be liable to do what they could to prevent the behaviour.

I would appreciate any information you can offer about my options.
Thanks again

 

[Rod]

4. The parents allow the behaviour (noise harassment) and the teen is happy to engage in it.

The father can likely be held responsible, particularly if he is home. The issue for you is whether the police will charge him with breaches of the PSIO. Suggest you give it a try.

Police do not always do what they should

If the police do not help, then a separate application is needed in the Children's Court for the 15 yr old and 10 yr old.

 

[nip]

Thanks, Rod.

It looks as if I will need to take out the additional orders, as my local police have stated their position clearly, namely, due to the children not being named as respondents, they can make as much noise as they like within local council limits.

I very much appreciate your help, Rod.

All best