Have you been to court at all yet in this case? Or did she apply in April and your first hesring is in Oct?
First of all thank you for all the information. This will be my first hearing in October. Yes she applied for AVO in April. Since that day I initiated mediation and only a few weeks ago I got the section 60I. The mediators wouldn't give me an answer why the mediation couldn't go ahead and stated sub regulation 25(2) in the section 60I certificate. Applicant was my ex not the police.
The day I picked up the AVO from the police station they said that I can go and see my daughter in the interim and stated the following:
(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; or
(d) arrange and/or participate in counselling or mediation.
Write a letter to your ex and her lawyer if she has one.
I have zero communication from her since I initiated mediation because she said that I have to wait until the end of mediation. But at the end of mediation I ended up with section 60I cert. Previously I tried asking her to work on some sort of parenting agreement but never got a reply so I got my lawyer to send a letter after a long attempt at mediation. Ever since I separated all the arguments and messages were only about me trying to get more time with my daughter and nothing else. Funny thing is when the last argument happened she put a knife to my throat while I was holding my daughter in the kitchen which she clearly mentioned in the AVO statement. I was shaken but I never went to the cops because I wanted my daughter to have access to both the parents but unfortunately she went to the cops and blocked access to my daughter for 4+ months and counting.
So my advise would be DO NOT ACCEPT.
I am getting mixed information from various conversations. Some suggest that it is better to
Consent without Admissions and put all my effort into the family law side where I can get the parenting order sorted out. Agreeing to an undertaking is at the mercy of my ex and I would like to pursue if I knew what evidence she has against me. In my own memory I have never threatened to hurt anyone and I am 110% sure there are no texts/emails stating that.
I forgot to mention, in the letter, write that you believe you are not a risk to the protected persons, that since the FVO was issued your conduct has been exemplary, and you are in no way a danger to you ex or your daughter. As you want your daughter removed, mention you have gone to relationships Australia and made all efforts for mediation. That although you have the cert that you still want your ex and you to mediate as that is the best outcome for your daughter. Mention how you are a dotting father (but dont lie, if you've not been that involved then dont go overboard here as she may show evidence otherwise) and that you love your daughter and that you believe its important for your daughter to have a meaningful relationship with her father and grandpare ts who see has got to know. This all shows intent.
This is so true and really good advice and definitely take this on board. Ever since the AVO I have initiated mediation and done counselling sessions with RAV and been a good character as my work employees/friends/family would agree. Even my boss was surprised to hear that I got an AVO. I have been trying to find a parenting program as well to do part time but none are held at the moment. The reason being is my daughter was living primarily with my ex since she told me that she doesn't want me in her life. I don't want her to come and say that I don't know how to look after my daughter because I never put her to sleep or given her a bath etc...