Intervention order - what next?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

SadDad2

Active Member
11 December 2018
2
0
31
So....to save me repeating what’s previously gone on, you can read my previous posts. I have now not seen my daughter since December 9th last year.
After the mother went to the dr to get the letter to say that my daughter should not have any contact with me, I went to his clinic to ask for all of my daughters medical records. He refused. I then put the request in writing and he has still refused, so I can’t be sure what was said by the mother or my daughter at the initial appointment when he wrote the statement to say my daughter shouldn’t see me.
Fast forward to now and I haven’t had access to my daughter in well over a month. Not for Xmas, not for my birthday and wasn’t able to take her on an overseas holiday that had been planned for months.
Well - I did she her at one psychologist appointment on the19th December that the mother asked me to attend. She text me to say she wanted to “get this sorted” and was trying to do the right thing by our daughter. At the appointment, the psychologist basically told my daughter to get over the argument that her and I had had and that she would have asked her to clean her school bag out too if she was her daughter. She said about 20 times that my daughter and I needed to talk and work things out. My daughter kept refusing and told the Psych that she was “deeply hurt”. When the psych asked what she meant by “deeply” hurt, she couldn’t answer her. They were her mother’s words no doubt.
On January 2nd, the day before My daughter’s time with me was to
Commence, I text the mother to confirm the pick up details. She then sent another screen snap of another letter from the same dr saying that my daughter was still severely stressed and should not see me until after her next Psychologist appointment on jan 16th - the day my time with my daughter was to end funnily enough.
I text the mother to say please- how stupid do you think I am? Why would you go back to the dr to get another letter when he had already referred my daughter to a Psych? I said it was nothing but a bulls**t letter (maybe I shouldnt have used that word but I did) and told her that if my daughter’s mental state was still so dire, she wouldn’t be waiting 2 entire weeks for another Psych appointment. I told her that I would be there to collect her at 9am the following morning and that I couldn’t believe she would think that my daughter not seeing me or going on a holiday with me and her step siblings was in her best interests.
Obviously - I get there. No one is home, I text 3 times and get nothing back.
I then visited the Psychologist on the way home because I was planning on putting in the contravention application (another one of my posts) and wanted confirmation from her that at the last appointment she had told my daughter, her mother and me that we needed to keep seeing each other.
The Psych was different to me - standoffish and said that “the girl” had told her not to discuss anything with me. I’m
Unsure if “the girl” was my daughter or her mother. She said it’s tricky if my daughter was still distressed....I left wondering what I had just heard.
Again - back to today. I have returned from my overseas holiday to only be served with an intervention order. Of course it is full of lies and I’ve never threatened or bullied or sworn EVER at the mother - apart from the bulls**t word I mentioned above. But the kicker - she says that my daughter self harmed on December 9th when she was with me??!!! What the????? This NEVER happened. She says she must protect her and wants me to leave them both alone so they can “get back to normal” (her normal
Is clearly me having nothing to do with my own child) but this is the first that self harm has ever been mentioned. Why did it take her over a month to take out the intervention order? Why did she still ask me to see the Psych with my daughter to “try and sort something out”? Why did the Psych not mention this to me? The mother even went before a magistrate and got the interim intervention order and it clearly says that our consent orders are now suspended. Hearing for intervention is not until March 12th.
I could put a lot more detail but I won’t Unless you need it.
Don’t consent orders override intervention orders?
Do I still put in a contravention application or now based on this “self harm” she will use this as a reasonable excuse?
Should I just initiate an application seeking that my daughter live with me? I’ve read a lot of cases where judges say if the child continues to live with the mother that she will be unable to facilitate a decent relationship with the father....I’m fairly certain we are at that point now. She has never tried to facilitate a good relationship with my daughter and I. In 9 years the only time my child has ever called me is when she called to say that unless I paid her camp deposit her mum said she couldn’t go to camp. Apart from that, every phone call has been facilitated by me!
I feel so lost right now.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Have you been in court for parenting orders?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Go back for contraventions.