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QLD Do Parenting Orders Supersede Domestic Violence Orders?

Discussion in 'Family Law Forum' started by lane Kerr, 25 May 2016.

  1. lane Kerr

    lane Kerr Member

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    My nephew is in jail and his partner has a Domestic Violence Order against him for herself and their children. After the Domestic Violence Order, he and his partner agreed upon a parenting order where he was given access to contact his children via the ARUNTA controlled telephone system and mail service.

    After receiving mail from his children, the jail is now telling him he can not have contact with his children because he has the Domestic Violence Order against him. He is very distressed and asking for some clarification.

    I was hoping he might have misunderstood what he was told and that someone here might be able to assist with my question.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Is what they have an actual parenting order, or just a parenting plan?
     
  3. sammy01

    sammy01 Well-Known Member

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    In NSW parenting orders win. On the DVO, it should say something about how he is excluded from such and such behaviours like stalking but provisions exist for child access...

    So in my case, I was not allowed within 50metres of the ex because of the AVO unless it was for the purposes of picking up kids. His problem is he is in jail. So what the prison officials say is what goes and I don't have any opinions around that one.
     
  4. lane Kerr

    lane Kerr Member

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    Yes, he has a parenting order, been to court, etc and going back in August 2016. The jail is telling him the DVO stops him from having contact with his children even though the jail has previously passed on mail to him from his children once the Parenting order was given to the jail. I am hoping he has misunderstood what the jail has said.

    He said he agreed to the DVO and didn't read it. The partner's solicitor said the DVO included the partner and her family. He thought that was her parents and siblings and didn't know it included his children. Unfortunately, he doesn't have the DVO order to see who is on it. He does have the parenting order this included my sister (paternal grandparents) being able to see the children at a Children Contact Centre and he having contact via mail and monthly phone calls.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Then parenting orders in most circumstances are held to override domestic violence orders. Unfortunately, however, I believe he would need legal advice on how to get this parenting order enforced properly. Legal Aid should be able to provide a consultation about this matter.
     
  6. lane Kerr

    lane Kerr Member

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    Ok, thank you, I will pass that information on to my sister.
     
  7. lane Kerr

    lane Kerr Member

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    My nephew has had some Legal Aid advice, although, they don't have any funding to assist him. They did give the advice to get a variation of the parenting order that includes the correctional centre and his contact with his children.

    My question is, is there any information on what forms, etc. need to be completed and how it might be worded?
     

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