NSW Fathers rights

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27 May 2020
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Hi i have an AVO against my son's (5 months) father. He threaten in descriptive detail how he was going to kill me when I was 5 months pregnant, I received a court letter today saying he wants to revoke his AVO so he can get visitation for his son.

He isn't on the birth certificate, I have anxiety over the thought of him. Seeing him and leaving my son with him what rights do i have and what rights does he have.
 

Atticus

Well-Known Member
6 February 2019
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First off, neither parent has a right under family law to have contact with children, they have a right to apply for orders to compel contact etc, but it's the child who has a right to a meaningful relationship with BOTH parents under the family law act (consistent with their best interests, physical & mental safety) ... Sounds a bit pedantic, but it's actually an important distinctive aspect of family law...

Regarding the application to revoke the AVO...... Was the AVO your application or done by police on your behalf?.... If it was taken out by police then it will be a police prosecutor who will likley oppose it... In any case, depending on the circumstances of the AVO being granted, it's unlikely to be revoked without your consent....