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QLD Domestic Violence Order Against Son - What Happens at Family Court?

Discussion in 'Family Law Forum' started by Hyndsie, 17 January 2016.

  1. Hyndsie

    Hyndsie Member

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    My son's wife has taken out a Domestic Violence order and has kept him away from their 2-year-old son. He didn't see him at Christmas or on his birthday. He has text messages to show that they were working towards getting back together and the police have never in 10 years attended to any Domestic Violence calls. This is my ex daughter-in-law's way of turning the attention away from her as she is now living with a man 40 years older than herself.

    My son is fighting the Domestic Violence as he has evidence to show she is lying, Will she be in trouble at the next court mention for misleading the family court about my son, for not letting him see his son and for not responding to the letters from his solicitor?

    At family court, she told the magistrate that my son could call or SMS her in relation to visiting his son. She left the family court and has not had her phone on since, so he can't contact her.
     
  2. AllForHer

    AllForHer Well-Known Member

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    The domestic violence order and the parenting issue are two separate legal matters.

    First, it's highly unlikely the ex will be held in contempt for misleading, or lying to the court, simply because it's a charge the court rarely pursues and because it is very difficult to prove. If she believes her statement was true at the time, then she won't be held in contempt for perjury. It's also not a charge often upheld in domestic disputes. If he's confident that he can fight the DVO, then do so.

    Second, the parenting issue requires attention - he needs to get a parenting plan or a court order in place as quickly as possible if things are unlikely at any point in future to become amicable. The consequence of not doing so is that the mother (and the father) can do as they please with the child, including withholding time at will. A parenting plan or court order trumps state domestic violence orders - a person will not be held in breach of a DVO if the contact with the ex was necessary to discuss parenting matters related to the child, or spending time with the child. For whatever reason, a lot of people seem to think a domestic violence order is a fast-track way to oust the other parent from their child's life, but this is not the case.

    The first step is for your son to contact Legal Aid or Relationships Australia about holding a family dispute resolution conference with his former spouse. He doesn't have to talk to her directly about organising this, they will do all the legwork for him. This is mandatory before anything can be filed with the court and gives the parents an opportunity to settle parenting issues before asking the court to decide. If one party refuses to participate or agreement can't be reached in the form of a parenting plan or consent orders, then one or both parties will receive an s60I certificate, enabling them to file an initiating application to have the court determine the parenting matter for them.

    Hopefully, it won't need to go any further than mediation, but if it does, the court will make orders it deems to be in the best interests of the child. Generally speaking, this includes time with both parents, so if he's not seeing the child now, the court will likely enable him to do so.
     
  3. Hyndsie

    Hyndsie Member

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    The letters from the solicitor are about mediation dates. She could not be contacted by phone and has not responded to his letters or emails. As of the 4th of Feb, he will apply for a certificate to say mediation was unsuccessful and file for contact orders with family court. My son has been told he must deal with the DV so it won't affect his family court proceedings.

    Her claims in the DV order all refer to things that she claims happened with his family. He can't answer as the claims relate to things that happened when he was at work. How can he answer for myself or his brother? One of her accusations is that he spent $20 on himself. His is spending $20 DV? This is after she spent $2000. He had bank statements as she states she could not access money from their account.

    He is desperate to see his son and I don't see how someone can agree to an order being changed then cutting off the form of communication they state a person can use.
     

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