FVIO and DFFH orders

[JonnoWill]

My ex has placed an FVIO on me this also includes my two children. DFFH were also involved and placed the children into the grand Parents' care, over the past 3 months I have undertaken everything the DFFH has asked me to do and more so I could see my children. It was agreed by DFFH that the children be transitioned to me over a period of time as the mother wasn't fit to look after the kids, the mother has already relinquished one child from a previous relationship. This was going very well and the kids were very happy until I made a mention (foolishly) that I was going to remove the children part of the FVIO. This has caused the grand Parents to not return the children to me by saying they cannot do it because of the FVIO even though there was a plan in place with DFFH.

On the FVIO under paragraph 9 it states
The respondent may;
(a) Do anything that is permitted by a family law act order, a child protection order or a written agreement about child arrangements. or
(b) Negotiate child arrangements by letter, email or text message, or
(c) Communicate with a protected person through a lawyer or mediator.

The DFFH have said many times and we have it in writing that the children need to be with the father. The mother can only see the kids while supervised and this isn't happening because the mother is living with the grandparents.

We currently have a court date for March to have the children removed from the FVio, I am worried that they still won't give the kids back even if the kids are removed.

 

[Rod]

You need legal advice tailored to your situation.

A lawyer needs to read the FVIO orders, the material presented at the FVIO contest, and DFFH reports.

You may need to make your own FVIO application against the mother if she is not a fit mother. However the dynamics with the grandparents come into play as well as getting them further offside may entrench their opposition to you.

Get some good legal advice.