LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Ex Served Me with AVO - How to Get Daughter Back?

Discussion in 'Family Law Forum' started by Feeling cheated, 16 October 2015.

  1. Feeling cheated

    Joined:
    16 October 2015
    Messages:
    2
    Likes Received:
    0
    I have an avo served by my ex after she stole our daughter from me after a rent argument and when I told her I was in the process of getting recovery orders from legal aid, she then put an avo on me so I could not go get my daughter who was in 90% of my care.

    The avo is says that I had sent her abusive and threatening messages. It's all a lie; I have kept all of my texts and messages to her. She then went in and changed my Centrelink pension saying that I gave her full care which I didn't do and Centrelink didn't even contact me to ask so now I have a debt with them. Also, she removed herself off our lease when there was rent owing. I have now been left with a debt and are now being asked to leave the house.

    Anyway, I have replied to the interim for the next stage of the court hearing but I want to see my daughter, that's all I care about now and am so confused about it all because I can't seem to get any answers. Even legal aid refused to help. I don't want to go back to court again because it's so far away from where I live because she took my daughter to a city 2 1/2 hours away I hope you can understand what I'm trying to say
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi feeling cheated,

    You can't compel your ex to do anything without a court order so any course of action you will need to take will involve going to court unfortunately. As far as I know an interim AVO (which it sounds like you have presently) will be in effect until the hearing of the matter. At the hearing of the matter, the court will make a final determination about whether the AVO should continue permanently or not. You must attend this hearing if you want to defend the order and take with you any evidence that you have as to your good character. Get some signed references of friends and associates that know you including your employer to state that you are of good character.

    Are you proceeding with the recovery orders with legal aid?
     
  3. Feeling cheated

    Joined:
    16 October 2015
    Messages:
    2
    Likes Received:
    0
    The legal aid office declined to help because of the avo that had been served on me. I was approved, then not approved that very next day.
     

Share This Page

Loading...