QLD DVO Against Father - Chances of Visitation?

[anne1988]

Recently, my partner assaulted me twice during an argument. I was 7 months pregnant when this happened and as I stood up, he pushed me to the floor and kept pushing me down with all his weight and strength. As a result, I had a very serious broken collar bone. My unborn baby was not hurt, thankfully.

There are numerous other occasions of domestic violence. I had a 6-month DVO with strict no contact conditions, yet he broke the order and is serving 7 months (8 weeks remaining) in prison. That DVO has run out, so there isn't one in place anymore. I went to my local courthouse and applied for an extension where I was sent away as they would not set the matter for court until my ex-partner is released from prison and you would have to prove why I still require the order.

Anyway, I have two very young children to him and he wants as much visitation as he can get (he's hoping for shared care). I would not be comfortable with anything more than supervised visits at a specialized contact centre. Could my ex-partner (as he's very persistent and manipulative) gain anything more than supervised visits from the family court in the near future or does he hopefully (as he has violent convictions) stand no chance at all ?

 

[AllForHer]

Has he been violent toward the kids, or only toward you?

 

[anne1988]

Only towards me. What's the most visitation he could possibly get?

 

[sammy01]

Look, depending on what you do the custody arrangements could be reversed.

So I'd suggest you agree to some time so you appear cooperative. I'd suggest agreeing to a parenting plan that gives him a night or two a fortnight to start with.

You have said you're not comfortable with anything more than supervised visits, but as you have not said that you have concerns for the safety of the kids, I reckon a night a week is a starting point. If he wants more he can apply to court. But at least you've shown some preparedness to work with him.

Now given the cops are not prepared to go down the path of an AVO / IVO, I think you have to accept that he has done his time, etc. But if that changes in the future, go back to the cops and start again.

 

[AllForHer]

It's impossible to say what time he will get with the children. The court will certainly be concerned about the incident whereby he broke your collar bone, but if he's not violent towards the kids and you have no fears for their safety, then the Court could order week-about with the father and manage the violence between you and the father by making changeovers at their school or otherwise at a police station.

It's impossible to know, and god knows the court has made many orders that have surprised me, but it would be foolish to expect that his conviction will eliminate the likelihood of him spending unsupervised time with the kids, especially if he has undertaken therapy or completed an anger management course.

So my suggestion is to look at things in perspective - when he's not being violent toward you, is he a good dad? Do the kids have a good relationship with him? Can you impose clauses that restrict contact between you and the father so they're not exposed to any arguments and you are reasonably protected while still allowing the kids to continue having a relationship with him?