QLD AVO - Can Kids Stay for Christmas?

[A friend in need.]

Hi,

I'm writing on behalf of my older brother as this is at this stage too upsetting for him to ask. Currently, I'm living with my parents and I'm over 18 at their home, but I have an older brother whom is going through a rough separation. He currently has three sons whom live in Victoria, which is where he was until the last couple of months when he left Melbourne because his ex-wife put an AVO against him and is now living in Harvey Bay Qld.

Now the thing is that he can only talk on the phone to his kids, but not the ex-wife in anyway. And now he believes that the kids are being flown up to Qld for a month over Christmas to stay with him/us and my parents.

Firstly, he has had only contact with his oldest son who is around 14 years old via a mobile phone. Secondly, I think he has been arranging this with them. Not sure. Thirdly, I am concern that my older brother will be caught out with this if these kids turn up off the plane?

I myself live with my children and partner at my parents' place and want to know, will this affect us if his kids stay with us over the Christmas holidays? Finally, what can my brother do to cover his arse if these kids are flying up here as well as myself and my family from this AVO?

Can they stay with us or should they stay somewhere else?

 

[Lance]

Hi,

You've lost me a bit. The AVO taken out against your brother. It's probably a Domestic Violence Order and it really depends on the caveats. If his Ex took the DVO out against him for her own protection, then he should still have contact with the kids which is what this sounds like. So unless there is a restriction from him having access to the children, I don't see the problem.

If there is a restriction from physical contact with the kids, well then he does need to cover his arse. If it were me, I would look at seeking a variation to the order to allow visitation over Christmas. If the ex is planning on doing this, it should be something the court can consider. At the very least, he should enquire to ensure he isn't going to get himself in trouble.

As far as you are concerned there is no order against you so sharing time with nieces and nephews can occur with no restriction.

 

[A friend in need.]

Thanks, I'm new to this and was not sure what I should do to cover my family and the grandparents. My older brother is not really forth coming with information about this, he just told us that he had brought a plane ticket for the three boys and they were going to spend Christmas with us both where we live and up at Harvey Bay?

Unfortunately at this stage, I cannot say anymore as I don't really know much more. I was just concerned that we could end up in hot water and I was concerned for myself as my occupation is within a child safe organisation. I did not want to be dragged into anything by his ex wife.

 

[Lance]

Not knowing isn't a bad thing. In the military, we called it plausible deniability.

 

[A friend in need.]

Lol. Sound good. Also I just remembered that my mother (the grandmother) was we think put down as interfering or something. This was a while ago, right at the turning point of my brother's separation with his wife. Don't know if that was an ideal threat or if she may have put this on the DVO/AVO, etc. Would that make a difference? Not sure.

 

[Lance]

Your mum would have been issued with an order herself if it was taken against her. I would talk to you brother to make sure he doesn't expose himself. If his ex is spiteful, she could call the police after the kids call to say they have made it.

I would hope she doesn't. But as I said it sounds like the kids might not be on the DVO which would mean he has access as long as he stays away from the ex. He may also have consent orders in place for visitation.

 

[A friend in need.]

Ok thanks, I will try and find out. As I said, the older brother is just avoiding any to do with it really. He started to get angry if my mother mentions it and as we live in the Toowoomba area. He jumps in his car and takes off back to Harvey Bay to the new girlfriend.

I guess I would like to see him cover his arse, but at the end of the day, it's my elderly parents and the household we live in that I'm really concern about. Just don't want the brother bring any more problems onto all of us.