Hi I am a respondent in a DVO and have a hearing date set for end March at Beenleigh. I have decided it will be better for me mentally if I consent without admissions. I have asked the registry to bring the matter forward and advised what I want to do. I want to know if they will tell my ex the reason the matter is being brought forward when they contact him with change of date or will he only find out on the day that I am consenting? Just curious. Thanks
If you havent done the alledged act, Id seriously re-consider consenting without admissions. If you did it, then I'd suggest you take it on the chin so to speak.
A DVO can have much more significant ramifications than a solicitor of court will tell you about. For instance, in Victoria you would not pass a Working with Children Check that permits you to be a parent volunteer for school activities. It would also come up on any police check should you apply for a job requireing one.
A DVO can have much more significant ramifications than a solicitor of court will tell you about. For instance, in Victoria you would not pass a Working with Children Check that permits you to be a parent volunteer for school activities. It would also come up on any police check should you apply for a job requireing one.
I believe the other party needs to agree to you consenting without admission although happy to be corrected.
I know you asked specifically about whether they will know, and they will know at some point either before or during that you are wishing to consent without admission, but if you are in a parenting matter be careful. I applied for an order, first hearing other party refused to consent w/o admission and slapped me with a cross application within 2 weeks of the first hearing. We mutually agreed to consent as I wanted the other party out of my life and didn’t care how it happened. Other party has proceeded to attempt no less than 7 times in 18 months to breach me. And I am talking minor, technical breaches.. ie. I sent a polite email about the children, he went to the police. Just be careful!
I know you asked specifically about whether they will know, and they will know at some point either before or during that you are wishing to consent without admission, but if you are in a parenting matter be careful. I applied for an order, first hearing other party refused to consent w/o admission and slapped me with a cross application within 2 weeks of the first hearing. We mutually agreed to consent as I wanted the other party out of my life and didn’t care how it happened. Other party has proceeded to attempt no less than 7 times in 18 months to breach me. And I am talking minor, technical breaches.. ie. I sent a polite email about the children, he went to the police. Just be careful!
Unfortunately the court won’t see anything as a minor, technical breach if you ever get charged. A breach is a breach is a breach.
WWCs are NOT impacted by IVOs.
Don't know about QLD, but in Victoria the above comment is not true.
As for Nicbennen's question, if the Court does bring the matter forward in time (a rarity in busy Vic courts) they advise the applicant of the new date, and will likely tell them why.
I absolutely agree in spirit, however if a party calls you and asks you to collect children from their home and you do as asked and the police proceed to attend your home in the presence of your kids, it’s unnecessary and traumatic and that’s where my caution lies - moreso that it can provide the other party a level of control no matter how well you think things are going. As in my case - things were calm and we had mutually changed handover locations to suit each other verbally in the weeks prior with no issue, then when I said no to a request he contacted the police. Whilst I was NOT charged for this in the end, it was stressful to deal with.
Not everyone’s out for good (same goes for not everyone being out for bad as well); was just providing another perspective!
It’s a horrible situation that I completely understand. I was in similar circumstances and ended up being charged with a breach because I called her selfish. No verbal abuse, no physical abuse. Nothing. Just called her selfish in a text message. I’ll never risk a breach again. And you’re right - it’s 100% a control thing in some cases.
What does the check involve?
The WWC check screens people in relation to their criminal history so that those who have been charged with or convicted of certain offences are not granted a ‘WWC clearance’ which then allows them to work directly with children. Before February 2021, a WWC clearance was called an ‘assessment notice’.Not all prior offences, charges or allegations will result in a WWC exclusion. Offences are categorised according to how serious the potential risk to children is believed to be.
The offences that are most relevant to the check are serious sexual, violent or drug offences and offences that are considered to present an ‘unjustifiable risk’ to the safety of children. These charges may still be considered as part of the WWC check even if you were not ultimately convicted or found guilty of the offence.
Spent convictions may also be considered. Information from professional disciplinary bodies, courts and tribunals and other government agencies can also be considered as part of the check. This may include any professional conduct findings, family violence intervention orders and any child protection or family violence information received from the Department of Families, Fairness and Housing.