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VIC Ex Refusing to Return Daughter and Applying for Intervention Order?

Discussion in 'Family Law Forum' started by A S, 18 October 2016.

  1. A S

    A S Active Member

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    Hi,

    Can anyone help, please?

    I got family court orders for my 2.5 years old daughter to live with me fulltime but equal shared responsibility with my Ex-wife.

    When my ex visited, I handed over my daughter and is now making a fuss to return her back. She is making false claims that I am an abusive father. Now my ex applied for an Intervention order against me including my daughter.

    I am trying to apply for recovery orders.

    Please help me with my situation.

    Thanks
     
  2. Lance

    Lance Well-Known Member

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    Due to order being in place this is an urgent situation where you should seek legal advice from your current lawyer
     
  3. AllForHer

    AllForHer Well-Known Member

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    Parenting orders override intervention orders, but you need to apply for a recovery order to have the child returned to your care, and potentially contravention orders as well to ensure the mother follows the parenting orders accordingly.

    What's the status of the IVO? Civil or police application? Is there a temporary order in place?
     
  4. sammy01

    sammy01 Well-Known Member

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    So just checking here - you're the sole carer, court orders stipulate the kid lives with you and visits mum? Can you give a bit more detail on that one? How did that come about? What is mum's history, so there are no provisions for the kid to spend time with mum? Or just by agreement?

    Sorry - but that seems extreme. The advice you want really should be dependent on that info, especially if there are grounds to fear for the safety of the child while with mum.
     
  5. Alan Blumberg

    Alan Blumberg Lawyer

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    You urgently need to get good legal advice.
     
    Lance likes this.

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