I have an interim FIVO against ex-husband with myself and 16yo child listed as protected persons.
For context, my ex found my online adult dating profile and was hyper-focused on sharing this with our 16yo son along with various other threats to expose my sexual preferences.
Ex was also continuously asking (nagging) our child to live with him, which is not the childs wishes. Child felt anxious after every call/visit with father (no orders in place) and went into depression after asking many times for father to stop this request. Anxiety and depression has seen our child miss most of the school year.
Based on the two main issues listed above, an interim FVIO was applied for and granted against my ex-husband. Since interim was granted, child has made remarkable progress and returned to school only missing 4 days in Term 4 for genuine illness.
At the mention, my ex requested our child to be removed as a protected person and I declined. The case moved to a directions hearing.
**My question** At the directions hearing, I beleive the magistrate will ask if this has or will be negotiated. I do not wish to negotiate removing child from the order. Will the magistrate ask me to substantiate why at this point or can I simply say "NO, I do not wish to negotiate or remove child as protected", before it moves to a contested hearing?
We have already participated in family mediation in recent months. This is the second interim FVIO in relation to this matter. I withdrew the first application before court based on his lawyer agreement to not discuss my sexuality and sexual preferences with ANYONE. He then recommenced being hyper focused on telling our child. Mediation came to a stop when I applied for the second FVIO.
Additionally, I believe my ex will also be applying (in the near future) for sole custody of said 16yo as apparently I am an unfit parent to due to my sexual choices. Don't get me started on this one (sometimes you just have to laugh). But this is why mediation was previously in progress.
Thanks for reading this far.
For context, my ex found my online adult dating profile and was hyper-focused on sharing this with our 16yo son along with various other threats to expose my sexual preferences.
Ex was also continuously asking (nagging) our child to live with him, which is not the childs wishes. Child felt anxious after every call/visit with father (no orders in place) and went into depression after asking many times for father to stop this request. Anxiety and depression has seen our child miss most of the school year.
Based on the two main issues listed above, an interim FVIO was applied for and granted against my ex-husband. Since interim was granted, child has made remarkable progress and returned to school only missing 4 days in Term 4 for genuine illness.
At the mention, my ex requested our child to be removed as a protected person and I declined. The case moved to a directions hearing.
**My question** At the directions hearing, I beleive the magistrate will ask if this has or will be negotiated. I do not wish to negotiate removing child from the order. Will the magistrate ask me to substantiate why at this point or can I simply say "NO, I do not wish to negotiate or remove child as protected", before it moves to a contested hearing?
We have already participated in family mediation in recent months. This is the second interim FVIO in relation to this matter. I withdrew the first application before court based on his lawyer agreement to not discuss my sexuality and sexual preferences with ANYONE. He then recommenced being hyper focused on telling our child. Mediation came to a stop when I applied for the second FVIO.
Additionally, I believe my ex will also be applying (in the near future) for sole custody of said 16yo as apparently I am an unfit parent to due to my sexual choices. Don't get me started on this one (sometimes you just have to laugh). But this is why mediation was previously in progress.
Thanks for reading this far.
