Confirms what I said.... FC orders suspended whilst the interim IVO is in affect.... Are the kids named as protected persons on the IVO?
VIC Family Court Order vs IVO - which one trumps?
- Thread starter kimbapuppy
- Start date
Confirms what I said.... FC orders suspended whilst the interim IVO is in affect.... Are the kids named as protected persons on the IVO?
IVO hearing is in Feb next year. This means I cant see the kids at all (nothing) for the next 5 months.
Also, there is no expiry on the IVO.
I went to the magistrate today and got a date in 3 weeks time to apply for leave to vary the order.
Any tips?
Or is there a better way to fix this mess I am in quicker?
I have evidence that:
Also, there is no expiry on the IVO.
I went to the magistrate today and got a date in 3 weeks time to apply for leave to vary the order.
Any tips?
Or is there a better way to fix this mess I am in quicker?
I have evidence that:
- she is using the IVO to stop paying child support to me;
- court ordered family report writer dismissed the ex's family violence allegations claims against me for the previous IVOs (to deny me the kids so she can maximise financial settlement, child support fee she gets and government benefits, aka single parenting payment);
- the ex failed to provide further and better particulars to the previous IVO allegations and thus breached the magistrate order TWICE.
First of all.... I'll ask again, because you haven't yet answered & it's not clear yet... ARE THE KIDS NAMED as protected persons on the IVO?
Interim DV orders do not have an expiry date.... They remain in force until they are either confirmed into a final DVO, or the application is unsuccessful at court hearing..
Applying for leave to vary is the way to go, BUT, I do recommend you get legal advice on a strategy if not representation
That is just absolutely ridiculous, especially with such a low burden of proof (well, lack of really). What this lawmakers don't seem to consider is that a significant number of these orders are vexatious or at the very least not serious enough to warrant such a life-changing situation for the respondent. These orders, while they may INTEND to protect children and 'victims', end up destroying the co-parenting relationship between parents, and in many cases ruin the relationship with the children too, espcially over 5 years. That's more than a third of a child's entire life before they turn 18, potentially without contact with one parent or with either parent communicating properly with each other. There needs to be a balance between protecting genuine victims and protecting families from being destroyed by the courts. I've just attended a parenting orders program today and was surrounded by fellow parents who in many cases have had an absolutely awful time dealing with these orders. It's just morally indefensible to run these this way.
Sorry, I know this is more of a rant than a response to the original post, but I'm just appalled by it.
There's no expiry on the IVO because it's interim and will remain in force until it's finalised or dismissed, either at the next hearing or at some further hearing depending on how you want to handle it.
It also doesn't necessarily mean you can't see the kids at all for 5 months. You could go back to the family court with urgency and potentially get a new order (which would then override the IVO). A more recent family court order will always override the IVO (I believe), whereas a more recent IVO CAN override the family court order.
Also one minor point... until it is served on you, the IVO is not actually in effect from my understanding. See here:
When an intervention order starts | Victoria Legal Aid
In practice, it is rather tricky to convince the school that you haven't been served with it though.
Indeed. This is just one of the many stupid aspects to the system. An applicant for an IVO can get one from police with no evidence and it comes into force immediately with no immediate right of reply from the respondent, and can override the existing family law orders that the respondent spent tens of thousands of dollars in legal fees and reports to achieve. The respondent will then have to spend many thousands more to fight the IVO with private legal representation and wait over a year to get to a contested hearing. Meanwhile the applicant gets free police representation and a year with complete control over the children, and with zero consequences even if the accusation is eventually found to be based on lies. It's just appalling.
GlassHalfFull, what is the technical name to apply for this urgent court order? Abridgment, recovery order?
Atticus, yes, the kids name are on the IVO including the ex. She is going to regret the IVO when school starts and school fees are due. Maybe she will lift the ivo temporarily to communicate to me to pay and then she will put the IVO back. Yup, the ex is doing the IVO for the money.
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