Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Divorce without custody orders

Discussion in 'Family Law Forum' started by Quanyin, 29 July 2017.

  1. Quanyin

    Quanyin Member

    Joined:
    29 July 2017
    Messages:
    3
    Likes Received:
    0
    hi I am seeking a divorce application and we have a 6 year old. There was a long history of family violence towards both myself and children from him with the Dvo due to expire in September.
    She has not seen her father for 2 and a half years now as he has not taken any court action after failed attempts at mediation. I am not entitled to legal aid for custody application and have been waiting on my ex to take court action.
    I am fearful my application for divorce will be denied because there is no court orders for custody in place.
    He Is in a new relationship and his 16 year old daughter recently fled his custody due to him being violent towards her and his girlfriend.
    She has been hiding from him at a friends place until the start of July when she relocated to her aunts house to live.
    His 16 year old has confided to me that she came home to "his crack pipe left on the bench" and believes they are both using drugs.
    I am really scared that I am not going to be able to get a divorce and move on safely.
    please help me as I'm running out of time because of Dvo expiration and I need to feel confident I can lodge my application.
    Thank you.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,618
    Likes Received:
    510
    This will generally not stop the divorce. You have cared for your daughter and undoubtedly will continue to do so. Just make sure you application addresses the care of your daughter.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Quanyin likes this.
  3. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    210
    Likes Received:
    28
    Just to let you know, you are able to apply for an extension to the DVO. I'm in Victoria and recently had an order extended for another 2 years.
     
  4. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,989
    Likes Received:
    265
    ok so why did mediation fail?
    Look yep you can try and get the AVO extended... Good idea? only if he is continuing to harass you. IF not, let sleeping dogs like... You will get the divorce without court orders around child access
     
    Quanyin likes this.
  5. Quanyin

    Quanyin Member

    Joined:
    29 July 2017
    Messages:
    3
    Likes Received:
    0
    I havent had any incidents for 2 years now my last application was an extension so i dont think it will be plausable but thank you.
     
  6. Quanyin

    Quanyin Member

    Joined:
    29 July 2017
    Messages:
    3
    Likes Received:
    0
    Mediation failed as we couldnt agree on an outcome. I did not feel she would be safe unless it was supervised visits.
     
Loading...

Share This Page

Loading...
gt;