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QLD Family Court Proceedings - Will Domestic Violence Order Impact Results?

Discussion in 'Family Law Forum' started by missjodie098, 22 July 2015.

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  1. missjodie098

    missjodie098 Member

    22 July 2015
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    I was wondering if anyone has had experience with DVO's in family court proceedings, mainly parenting orders.

    My ex husband has acquired Legal Aid for mediation to have contact with our 3 year old son. This will occur in 2 weeks time. He has had a police Domestic Violence Order against him for about 2 years now (it was extended until the end of this year) in which he cannot come within 100m of my son or I, locate where we live, communicate with us in anyway etc. He has been charged twice for breaching the Domestic Violence Order, but only for minor things such as posting comments about me on Facebook. Unfortunately the police could not prove the other major breaches so they didn't prosecute those.

    It is not safe for my son to be unsupervised with my ex as he has mental health/drug issues and amongst other things, burnt the soles of my son's feet with a heat massage when he was 9 months old, tackled me while I was nursing him causing both my son and I injury when he was 12 months old, trashed his playroom while he was in it and held a butchers knife to his wrists threatening to kill himself in front of my son. He also threatened to kill both my son and me if I ever tried to leave him. He said he would track me down and slit my throat and I better have two graves ready for my son and myself.

    My question, if I don't give my consent to my ex contacting our son and/or visiting him, and this matter goes to court, how much weight will the Domestic Violence Order have? Also he has a $2800 child support debt. Will this impact the magistrate's view?

    I am trying everything to protect my son so just trying to get as much information as I can.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi there,

    A court granted DVO will be taken into account in the custody hearing. Ultimately, the court will decide according to what is in the best interests of your son. So it does not matter that you do not consent to the father seeing your son. It only matters what is ultimately best for your son. That is: to have a relationship with his father without him being in physical or mental danger. This could be in the form of supervised visits or it could be other forms of non-physical contact (e.g. emails, Skype). The father's past history, which is the basis for the DVO, will be a significant consideration for the court.

    If you haven't already, speak with some free legal and support services, such as:

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