Hi, It wasn't his own solicitor who advised him to accept the dvo without admission because he doesn't have a solicitor. It was a duty solicitor at the magistrates court who spoke to him the first time he went there. He told him to do that even if he hasn't done anything because it would be the quickest way for him to able to see his kids again, which is his main concern. The magistrate gave a temp dvo just including his wife and she told them to go to mediation to make a parenting plan. When they eventually went to the mediation they were in separate rooms and she won't budge from her stance of 2 hrs in a contact centre once a month, so it wasn't a judge who ordered this. He realises that he's not going to get anywhere until he gets a chance to defend himself in court.
Ann22, so I thought. A person who has an AVO on them doesn't affect them seeing the children or just the ex-partner. Two separate issues. Two separate courts. Family courts come under Fedral Law/ courts.
Your brother only has a temp AVO on him at the moment. The magistrate court has asked both parents to work out a parenting plan and unfortunately your brother settled for 2 hrs, once a month in a contact centre. When he, too, should have refused therefore the mediation Practioner would have had to write to the courts stating no resolution between these parents can be made and hand out a certificate that he attended as a record and he would have to get a lawyer or get on the computer have a look here as they have information and documents that may assist him so he can print them out and he starts knowing his rights, the law etc.
As I have mentioned whether or not a partner has an AVO on their partner or each other, it doesn't matter where the children are involved. Family court only thinks of the best interest of the children. The best interest of the children is to spend time with both parents and co-parenting of the children.
Family court's main interest is not to fix, mediate two adults relationship. Family court prioritizes the children's needs. Property settlement will also come into it, but you keep stating your brother's main thing is seeing the children. Family court orders override AVO orders regarding seeing the children. So if the AVO states the parent can not come near the other parent within 100-500 meters, go to their place of residence, phone etc ...
That all get over rides by family court orders that state the person with the AVO is to pick up the children at the partners residence every second week and drop them back at the residence of partner. And they are to have contact by phone between the hours of 4-6 pm Tues. and Thurs. evenings. Just to give you an example.
If your brother wishes to get a lawyer or is strong enough to stand up and state he has not called his partner a...Xyz. Nor was he aggressive, physical, whatever then he has every right to fight and not take the AVO. Accepting the AVO with or without admission will not make a difference to the time it will get him into family court to see his children. In fact, the Judge will be wondering why and what has he done to agree to having contact with the children only once a month for two hours at a contact centre!
He should be going back to mediation and change this agreement as its a bad one. The worst! Prisoners see their children more than this!
If he has committed any form of AVO then he might as well take the AVO without admission. if he feels so strongly that in no way he has committed domestic violence (and he had better think about what he has said and done plus understand what Domestic Violence means), then at most, he will spend as little as 30 mins (if he has a lawyer) to 4 hours. Again he should have a lawyer!
If in anyway his partner has committed Domestic Violence upon him, then he has as much right to place an AVO on the mother. As it is, he hasn't seen his children much if any at the moment. Have him
push the contact centre into getting the mother to agree with a time suitable for him to see his children for two hours.
Get himself a lawyer adapter as he has placed himself into the worse position regarding contact with his children. So he should apply to mediation to re assess and change the parenting plan plus state the mother is not complying with the contact centre and he hasn't seen the children.
Note: if what you say is correct and the mother is using the children as a form of emotional and mental abuse, or a form of power to control bases regarding your brother, this is against the law and is also child abuse. You also claim she is manipulative and wanted a PR card, then I suggest if your brother really hasn't committed any DV to fight against having an AVO placed on him, because a person such as the mother can cry wolf and have your brother back and forth in court in trouble with police charged with a CCriminalagency if she claims or has a breach an AVO and his life will be hell.
I sense your brother has committed domestic violence but so has the mother more so than the father and as I said- get your brother to read up on domestic violence, check if he has committed it or not. And check if she has on him and he can place one on her.
Either way - AVO's do not hinder time wise of seeing children if the dispute n AVO is between parents.
But your brother needs a lawyer! Needs to widen up and read up to gain knowledge of what is AVOs, domestic violence, consider property settlement and most of all both parents have equal rights to have access to the children.
So he it's best to use his brain power to absorb knowledge and advice regarding the law, rights of his and the children rather than wasting his time worrying. Get himself a lawyer because if he is going to settle to see his children for 2 hours, once a month at a contact centre if he hasn't done anything to the children, mother or anyone else for that matter, he definitely needs help in the best interest of himself!
