VIC How to Get Ex to Give Shared Custody of Children?

[sammy01]

Ok - so the legality of recording is questionable. The real problem is this: She goes to the cops, says she is intimidated and that he keeps recording the conversations and it is weird (plays the victim). Cops ask him has he been recording and he says yes. He gets an AVO against him because she has 'perceived' the recordings as strange and intimidating...

Or it is just another thing to argue about? He needs to avoid arguments.

 

[RosieR]

I agree with Sammy01. I would put money on it that as soon as you let her back in she will change the locks, you'll be out and you still won't get to see the kids. I've seen it all before. I've experienced it all before.

Don't give her any excuse to file for an AVO...make sure everything is in writing, it's evidence. Start keeping a diary also. Even receipts from where you've been in case she claims you did something bad, you have proof you weren't near her. It may sound like overkill but believe me, it happened to me...

Record all phone calls and tell them at the start that it's being recorded and that if they continue to talk then they consent to the recording. I did think I read somewhere that it was ok to record without consent if it was "in your legal interest" to do so... If any member can correct or confirm if that's right, it would be a help.

You can represent yourself at court and there are websites that will help eg. DIY family law. It would look better in court if you are the applicant (eg you file the proceedings first to show you're interested but don't wait too long) I get the feeling she might be in the process of it as well.

If you decide to engage a solicitor / lawyer, they will help you but ultimately (from my experience), they have no interest in the case. Just the money you pay them so be careful. Just from what you've said, I think your partner would possibly play nice, then nasty behind your back... Don't underestimate her.

I would say don't have the meeting, I think they are only trying to con you. The only person you can trust at the moment, is yourself.

(I've been to Family court 3 times and about to go a fourth time, but this time, I'm representing myself. I've seen the works, there's been FaCS and JIRTS reports, notices of child abuse, family violence, major false allegations, AVO's etc. My Ex is a narcissist and he won't stop until he gets his revenge.)

 

[Rod]

so the legality of recording is questionable. The real problem is this: She goes to the cops, says she is intimidated and that he keeps recording the conversations and it is weird (plays the victim). Cops ask him has he been recording and he says yes. He gets an AVO against him because she has 'perceived' the recordings as strange and intimidating...

Hi Sammy - No, not questionable law in Vic. It can be done legally under s 11(2)(ii) Surveillance Devices Act 1999 '...for the protection of the lawful interests of the person making it'. Potential Family court matters qualifies as lawful interests.

It is highly unlikely recording conversations can be grounds for an AVO, especially when the OP is being open about it.

I say it's better to have evidence and not use it versus needing evidence and not having it.

 

[sammy01]

So how did the meeting go? Dare not ask?