VIC Family Court Order vs IVO - which one trumps?

[kimbapuppy]

I have a final parental order in place that is issued by the Federal Circuit Court.

I went to pick up the children as the court order, however, there is an IVO in place which prevented me from accessing my children. I have not been served the IVO. The school is enforcing the IVO.

I was told that the family court order trumps the IVO, is this correct?
If so, are there any references you can point to me so that I can show that to the school?


Also, I called the police who told me the IVO hearing date is 10 Feb 2020 but they did not have the paperwork to serve me. How do I bring the hearing forward?

The reason my ex place the IVO on me is because she doesn't want to pay me child support fee. 2 weeks prior, child support contacted me to response to my ex's application to reduce her child support fee liability by doing an audit on my tax return/income and her pointing out excessive expenses. She has fabricated family violence in the past where the family report writer dismissed her allegations, that plus, she breached the magistrate order twice in not providing evidence to substantiate her allegations.

 

[sammy01]

family law - wins... KINDA.

So at the bottom of the avo, in tiny winy print it will say something about family law... So go to the nearest cop shop and ask for the paperwork.
My advice.

1. accept avo without admission. I know, I know... BUT this stuff is insane. There is one thread here why a guy disputed it... So an interim avo was in place. It took 18 months to have the thing dismissed all the while the interim was in place. So in getting it dismissed he knocked 6 months off the duration but spent a small fortune AND all that stress... So that date in February? is that the first mention? It appears so... So can you imagine if it takes 3 months to get your first mention, how long will it take to get a final hearing?
2. Go see a solicitor. They can write to your ex and explain to her the reality.
3. If csa come asking tell them that you dispute her assertion that she now has 100% care because you have not consented to it.

Do you do pick up from school? show them the avo, especially the bit at the bottom about family law... Show them your consent orders and ask them to seek clarification. Failing that call the Victorian version of the dept of education.

 

[kimbapuppy]

Thanks sammy01, you have always been helpful on my threads and others!

If I am not served the IVO, which I haven't yet, and breached the IVO, technically I didn't break any law. Is this correct?
Called the police station many times, they either don't have the paperwork because its in the car somewhere and that they are clueless to what I was meant to call.

Normally IVO expires in a year, even if it was contested and the hearing is post the expiry, are you saying the IVO will not expire due to the contested hearing?

In relation to CSA, this might be able to be constituted as a "one off event" if temporary hence, no change with the percentage of care.

 

[Atticus]

Hi Kimbapuppy... I feel for you. Very strange that you have not been served. That makes it a bit difficult to understand what is going on exactly... I assume the school is acting on a copy of the IVO given to them by mum...

There has been provisions made in recent times to address inconsistencies between state & territory DVO's & family court orders.... If there is anything on the interim IVO regarding section 68R of the family law act, this may mean that the state issued IVO can override the parenting order for a period of time or until an outcome from a hearing regarding the IVO sates otherwise....

You really need a copy of that IVO ASAP & take it to a solicitor for legal advice & a strategy... This stuff absolutely sucks mate.... I hope yo get some solid legal advice & a good outcome

 

[kimbapuppy]

Thanks Atticus, finally got the IVO and it says that the Family Court Order is suspended. Next hearing is 10 Feb 19.
Its a long time that I won't be able to see or contact or be near my children.

Another great example of IVO being abused for financial gain and not what it is intended for.

 

[sammy01]

AVO's in QLD now have a minimum 5 yr duration as far as I know??? madness. Not sure in Vic.

 

[sammy01]

can you put the wording of the avo on here (names redacted....) Just the fine print.
Family law | Magistrates Court of Victoria


Have a read it states parenting orders trump a state avo

 

[Atticus]

can you put the wording of the avo on here (names redacted....) Just the fine print.
Family law | Magistrates Court of Victoria


Have a read it states parenting orders trump a state avo

That link also says this....".Normally, a parenting order will override an intervention order. This is unless a magistrate decides to revive, change or suspend the parenting order for a limited time as part of the intervention order"...

That is apparently the case here as Kimba has said that the IVO states that parenting orders are suspended.... I'm assuming that is pursuant to Section 68R of the family law act that I referred to in my earlier post, these only came into affect fairly recently.

The reason I suggest you take all orders along to a solicitor to look over is because there may be a way of allowing continued access to the kids during the interim IVO period if there is no compelling reason to have them listed as protected persons

 

[kimbapuppy]

"this court has decided that of the Family Law Orders made on xx/xx/xx are suspended until this interim order stops being in force, or a court makes another order, whichever occurs sooner."

Is that mean the prior Family Court order is in effect then?

All the money I spent to get the court order down the drain.

 

[sammy01]

But it hasn't been to court yet? If go back to the police officer that issued it and ask them