VIC Is Intervention Order Given More Priority than Parenting Orders?

[Anonon]

Hi all,

Glad to be on board here and what a fantastic idea. Wanting help with what's probably a basic question, however, my separated partner and I (still my Wife) have Parenting Orders in place for our 4-year-old child, which were issued by the Family Law Court under the Family Law Act and clearly state Equal Shared Parental Responsibility and allow for unimpeded contact time to each parent.

My Wife was the Applicant in a recently issued Interim Intervention Order against me whereby she listed the both herself and our Child as AFM's. Now she claims that because she 'fears for our child's safety'. She has every right to withhold care of her from me and that the Interim IVO. She now has in place overrides our existing Parenting Orders even though the IVO clearly states that 'the Respondent may do anything permitted by a Family Law Act Order etc etc...."

Is anyone able to help clear this up for me?

Thanks in advance ;-)

 

[sammy01]

Ok - so you're right. What do your parenting orders say as far as child access? That should remain, but you need to be careful because a technical breach of the AVO could cause you more trouble than it is worth.

It is gonna be worth having a solicitor attend the AVO interim mention - Solicitor can have a chat to judge and judge will hopefully tell the ex to pull her head in.

So if child support calls deny everything for the minute.

Can you give us a brief summary of the AVO stuff?

 

[Anonon]

Hi Sammy, thanks mate.

PO's state that I'm to have access Tues and Thurs 5pm-9pm, and Sat 11am to Sun 11am, and that the Mrs. must facilitate 7pm phonecall/Facetime every other night. There's a bit of a tail on this one. I'll explain.

An Interim IVO was issued 1/9/16. Went to court on the 22/9/16, whereby an App and Summons for an IVO was to be served, but I was offered an Undertaking which I signed against my will as it contained my daughter as an AFM. I wanted to elect to defend it, however, I was practically given an ultimatum by the mag that it was either sign the undertaking or cop the order. Not impressed.

I breached that, so she claims, so she reinstated the original application providing me with another Interim IVO, which I'm under now and we're off to court on Monday, where I plan to defend the enforcement of the full final. Child support did call and I am yet to call back.

What's that all about? Which AVO summary would you like?

 

[Anonon]

Hi Sammy, there's more, but I'm unsure as to whether mentioning this to you now is useful or if its overload but here goes and my apologies if it's the latter.

Since she lodged her original App and Summons for an IVO on Sep 1, she decided to withhold our child virtually from Sep 8 till now stating that she was in a position to override the PO due to safety concerns for our child.

I have always disagreed, but now it's time to act as my child and I have only seen each other for a total of 10 hours in 63 days and she's suffering separation anxiety as she's only 4 and an email from her kinder principal last night disturbingly states how, since I've been prohibited from within 100m of her school, her behaviour has become violent to other students often hitting or scratching them forcing her to disciplined by sitting alone and forced to ponder her actions.

So cruel for my girl and what a sad way to end off her first year of schooling. So if the ex is in breach of the PO, I want to take her to court for contravention, bypassing the need for a certificate due to the extended duration of breach but more so, the current and immediate psychological harm being placed on my girl and the likelihood of more being done should time be used waiting for the application to go through, especially when a final order promoting even less contact is potentially looming.

 

[sammy01]

Ok, so why are you having such a tiny amount of time with the kid - I mean according to the orders? What about half holidays? Are they orders court ordered or was it by agreement (consent orders)? Don't think the ex understands child support. If you had more time, like more than 14%, then the ex would get a pay rise by withholding the kid, but you're probably paying the full child support anyways.

Can I strongly encourage you to do something... You must be really stressed. I strongly encourage you to have a look at mensline. They have a similar forum that is less about legal advice but is good to share stories with other blokes... Why not post your story there? Might not get legal advice but you will get a shoulder or two to cry on.

 

[Anonon]

Sammy, thanks, but I'm looking for legal advice and I'm looking to act this morning. The parenting orders form part of consent orders signed by the family law court under the family law act. I can attach if you like.

I'm not worried about child support. I'm just concerned about the psychological well being of my girl and want to know why she has contravened based on her claim the the current interim IVO overrides the parenting orders.

Can you help or anyone else for that matter?

 

[sammy01]

My thoughts - seek a contravention of the consent orders through the family court - you can self-represent and the folk here will help or pay a solicitor. There are merits to both, but by doing a contravention, you can look at getting the consent orders changed....

So what to do today - not much. You could get back to the principal of the school and invite the principal to make a notification. Teachers, etc., are mandatory notifiers of child abuse. Having that notification on file might be beneficial in the long run.

Call relationships Australia and request to initiate mediation. Won't work - but it is a start.

Now do the orders say anything about Rice and Asplund? if they do it will be near the end?

Now comply with the AVO orders - Yep, you're right the family court orders override the interim AVO, but no point in getting arrested over it and it will only provide her with more ammunition to prove that you're the bad guy.

 

[Anonon]

Which orders? Parenting or IVO re Rice etc?

No sign of Rice and Asplund

Done the mensline thing

 

[sammy01]

Nope, the parenting orders. To re-open a parenting case there needs to be good grounds. To meet this, you need to meet the Rice and Asplund threshold, but some orders say that neither party will rely on Rice and Asplund. So it is kind of assumed that your orders agree that you wont try and go back to the courts....Not good for you so far....

But - there are ways around that. And the ex not letting you see the kid helps.

So would you like more time with the child than stipulated in the orders?

 

[Anonon]

I'm not out to change or amend the orders just after compliance and remedies when pursuing contravention if there are good enough grounds for it..