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VIC Family Law - Contesting AVO Served by Ex?

Discussion in 'Family Law Forum' started by StaceyJane, 20 February 2016.

  1. StaceyJane

    StaceyJane Member

    20 February 2016
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    I am inquiring for some answers with regards to my partner and the treatment he's receiving from his ex-spouse and the police force, after serving out a twelve-month AVO, issued by his ex. Also stating that he was to have no contact with his two young sons, she has reissued the order, one day before it was due to expire.

    There are no grounds for her to do so as he never breached the original order. She has also, in that time, contacted him, let his son speak to him on the phone to him, and led him into false hope before Christmas by contacting him and stating she was trying to get the order lifted so he could see his boys on Christmas day. "They need their father" she had stated.

    Over the last six months, she has taken out an AVO on her current partner. Her home has been raided by police and methamphetamine and paraphernalia were found on the premises. She's attempted suicide and a car has been fire bombed in the driveway of her home outside the youngest boys bedroom window.

    What rights under Family Law does my partner have when it comes to contesting the new order?

    Any help would be appreciated. Thank you
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Don't waste your energy contesting the AVO. Focus instead on getting parenting orders in place under the Family Law Act 1975. Contact Relationships Australia or Legal Aid and talk to them about organising a family dispute resolution conference with the ex. They contact the ex on your partner's behalf, so he won't be in breach of the AVO, and family dispute resolution conferences are not considered breaches of AVOs when they're happening, either.

    If the ex refuses to participate or an agreement can't be reached about the kids spending time with the father, then he will receive a section 60I certificate which will enable him to file an initiating application with the court for parenting orders.

    Why not fight the AVO? Because parenting orders, which are federal orders, trump AVOs, which are state orders, so he will be able to have access to the children without breaching the AVO.
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