VIC Intervention order query

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Gameofthrones

Well-Known Member
7 June 2020
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Hello, I am just wondering whether it is still allowed to send birthday presents in the mail to children listed on a intervention order as protected persons? The gifts would not have any messaging just gifts from a online retail outlet thanks
 

Tim W

Lawyer
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28 April 2014
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You may find it necessary to make applications for a variation to the order expressly providing for contact by mail.
 

Gameofthrones

Well-Known Member
7 June 2020
15
0
71
Thankyou for your response. Does this mean I would be breaching the order even if the package was attentioned to my children names without my name or address on the package and no messaging from me at all?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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It would be contacting them. As in all cases if the police are informed it comes down to proving it was you.
Agreed.

Further, it can be helpful to remember that
unless the order expressly allows for it,
it can also be a breach to use a third party to "get a message to them".
There would need to be something in the ballpark "only contact them via their lawyer".
And if there's no such provision, then it's literally no contact.

So, yes, a breach can include sending a birthday gift.
And yes, SMSes, and social media messages can also be a breach.
Even on birthdays etc.

And, just to be clear, there are no petty word game side-steps available.
So, anything in the ballpark of
"...but it doesn't say I can't..." - nah.
 

Gameofthrones

Well-Known Member
7 June 2020
15
0
71
No worries my presumption was that as the gifts were through an online retail outlet that I was not breaching as the Outlet did not request my name only the names of the recipients which I listed as my children. I have tried to recall the items through the courier service however I cannot do that now as my name is not listed as a recipient so now I am concerned. I only did this because of COVID driving restrictions and thinking that the police could not assist me with this. Now I am worried as I have done everything else right by the order.
 

Atticus

Well-Known Member
6 February 2019
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I only did this because of COVID driving restrictions and thinking that the police could not assist me with this. Now I am worried as I have done everything else right by the order..... I have tried to recall the items through the courier service however I cannot ..
Lesson learnt.... Now it's done, it will really come down to how much the other parent (or kids) want to make an issue about it & make a complaint to the police... If that happens, it will then be in large up to the cop you talk to as to whether they consider a warning enough or feel it should be taken further .... So just be as nice as pie & explain pretty much as you have here. .....Hopefully there will be no complaint