QLD DVO - Is Paper I Signed Legally Binding?

[Evilhabitual]

I made application to review a DVO order. It was up for 2nd mention. When in court, the Magistrate didn't address my application, instead they addressed the respondent's lawyer in regards to some application they had filed that I have not received a copy of.

The magistrate clearly told the lawyer that the application was a family matter. In return, the lawyer requested that a change of contact be made, the magistrate asked if I agreed; I said no. So the lawyer wrote on a piece of paper the date and conditions for contact and I was told to sign it. I do believe I was railroaded into signing as the magistrate said that the session was being recorded and if I breached, then the police could get a copy of the recording so as to charge me.

The question is, this piece of paper has nothing on it from the Magistrate so how is it an order? Is it actually legally binding as this is a family matter and the lawyer made application to vary what I understand to be Federal Circuit Court orders in a DVO court?

 

[Arche]

Hi

Just to be clear, is the DVO against you - you mentioned possible consequences if you breach it? Also, what do you mean by "change of contact"? Contact with whom? Is this about children or the other party?

The Magistrate probably would have made some kind of order at the end of the matter. Do you know what if any order was formally made?

 

[Evilhabitual]

Thank you for your reply.

No, I am the aggrieved seeking variation to the DVO on respondent. This matter was up for 2nd mention and at the end was not even dealt with as such except to be told it would be considered after the FCC hearing, which is 3 months away.

The respondents lawyer had it appears made some sort of application to the DVO court in regards to breaches on the FCC orders. The magistrate makes it clear this is a family matter and will not be dealt with in DVO court.

Change of contact is confusing, I believe the respondents lawyer was seeking for the respondent to have contact with the children when in my care as FCC order does not have anything that allows respondent. But it had been accounting as I had been encouraging the children to answer the respondents calls. The Magistrate made no orders. All that was done was the piece of paper I refer to above.

 

[sammy01]

Ok, so can you give us a summary of what is on piece of paper? I think the magistrate wants the family law matter dealt with before dealing with the DVO. Sometimes people use DVO's to stop one parent being able to see their kids.

Magistrates do all they can to stop that sort of abuse of the system... Not saying that is what you're doing - but magistrate might have seen it that way...

 

[Evilhabitual]

Ok, so can you give us a summary of what is on piece of paper? I think the magistrate wants the family law matter dealt with before dealing with the DVO. Sometimes people use DVO's to stop one parent being able to see their kids.

Magistrates do all they can to stop that sort of abuse of the system... Not saying that is what you're doing - but magistrate might have seen it that way...

Thank you for your reply.

Yes, the Magistrate clearly wants to deal with anything I do as the aggrieved in the next century if they had that choice, even though I can produce evidence that is very clear. In this case, the variation sort is to stop the harassment and following of myself and children while in my care. It is not about limiting contact of the children as the respondent already attempted that on on me and failed.

In regards to the paper, all it has is the contact times for the children, which as it is written in fact only allows for each parent to contact the children in that time no matter who has them in care. It also states no contact between 2 parents unless emergency. So that means that the respondent will never tell me anything about the children. It no longer allows for a communication book, emails, or text between each party. It only has our 2 signatures on it and date, no one has witnessed it and no Magistrate or Judge has made it an order.

 

[sammy01]

Ok, so do you already have an agreement about when you both see the kids? Or is that part of the paperwork from the last court visit?

 

[Evilhabitual]

ok so do you already have an agreement about when you both see the kids? OR is that part of the paperwork form the last court visit?

There is a FCC order that states when the children visit me and my contact with them, which is ad hoc and when both parties agree to it.