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QLD Domestic Violence Order - Can Brother Apply for Custody of Children?

Discussion in 'Family Law Forum' started by Laura7979, 30 September 2015.

  1. Laura7979

    Laura7979 Member

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    My brother has had a Domesetic Violence Order placed on him by his ex so now he is not able to contact her or his two children for 12 months. Ultimately, she used the family court system to her advantage and even though there was never any abuse against her or the children, she now has a Domestic Violence Order against him.

    In 12 months, once the Domestic Violence Order expires, is he able to apply for part custody of children and will there be any issues that will cause problems for him applying for a parental order?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Hold on, backtrack a bit first to the DVO.

    A domestic violence order does not stop a parent from spending time with their children. It's a state-based order, whereas parenting orders of any kind are federal, which overrides state orders. The court that determines parenting orders will endeavour to make parenting orders that enable the two to coexist, but if they can't, the parenting orders will take precedence.

    I'm not sure what you mean by custody - are you talking about the children living with him, or him having sole parental responsibility? - but in any case, that's not what he needs to be focusing on at this point. He needs to focus on maintaining a relationship with the kids while being on his best behaviour.

    He first needs to contact Legal Aid or Relationships Australia or any other service that facilitates family dispute resolution conferences and organise a session with his ex. They will contact her on his behalf without breaching the domestic violence order, and they should then endeavour to negotiate a parenting plan for the kids' care arrangements.

    If agreement can't be reached, then the parties will receive a s60i certificate enabling them to apply for parenting orders through the court.

    But first, mediation, and I suggest enrolling in a post-separation parenting course in the meantime.
     
    Newmember2015 likes this.

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