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VIC Is Intervention Order Relevant in Family Court?

Discussion in 'Family Law Forum' started by sallymccree, 13 August 2016.

  1. sallymccree

    sallymccree Member

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    I'm looking at relocating to QLD and about to start the process through family court. I'm just wondering if anyone has any info on how much a full IVO or intervention order against my ex matters?

    I have a daughter about to turn 1 and she is listed as a protected person.

    It was initially granted by the police and then through the court, so there is a record of the events. The initial one has also been breached and my ex has been charged by the police.

    Any info would be appreciated, thank you!
     
  2. AllForHer

    AllForHer Well-Known Member

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    Was it accepted without admissions, or was it contested and made by the Court after trial?

    What's the nature of the allegations? Are they against the child as well as as yourself?
     
  3. sallymccree

    sallymccree Member

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    Accepted without admissions.

    Ex was charged by the police for assault x 2 on me and several other charges related to stalking. My daughter was just exposed/in-between it all on multiple occasions.
     
  4. AllForHer

    AllForHer Well-Known Member

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    And are you seeking parenting orders that the child spend no time/have no contact with the father?
     
  5. sallymccree

    sallymccree Member

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    Not necessarily, I would just like to move to my support network as I don't have that in Victoria.

    I'm happy to negotiate arrangements and what not around times for him to see her given there isn't any risk to her, but I do believe between him and his mother they won't make it an easy journey. So in relation to that I'm wondering what weight the family violence history and intervention order will have in court
     
  6. AllForHer

    AllForHer Well-Known Member

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    Consent without admissions, no risk to the child, probably not much impact at all.

    Basically, when it comes to allegations of violence, the Court assesses whether there is an unacceptable risk to the child, which is where an intervention order is used as evidence of said risk. By and large, even if there is an IVO, the Court will still consider it in context, as many parents will use IVOs to advance proceedings for parenting. The threshold for what the Family Court considers a risk to a child is a lot higher than what the State Courts (where IVOs are made) consider a risk, and the Family Court will look more closely at the allegations raised.

    Relocation cases are hard to predict, but the trend is that the Court will generally assess how the proposed relocation will impact the child's relationship with the parent they've left behind. If the relocating parent has indicated an unwillingness to support and encourage the child's relationship with the other parent, it's less likely to allow the relocation.

    I think the Court will have a lot of questions as to why the child was named on the IVO if there is no risk to the child. It'll probably also consider what efforts you've shown to indicate that you intend to support the child's relationship with the other parent if you relocate. What time have you proposed the father spend with the child? How often? Who will cover costs?
     
  7. sallymccree

    sallymccree Member

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    Well there has been a risk, She's literally been used as a shield for him to curse and go off his head to put it lightly. If she had any memory of what he's done she would be terrified of him. He couldn't control his anger even in her presence. He's sexually unstable and has gone around hurting other women sending me the proof.

    Am I comfortable with her with him? No not at all.

    I just wasn't aware I had much choice as every bit of info I've read states how she has the right to have a relationship with him and he currently lives with his parents which I believe keeps him in line and her safe. If she ever sees him it's with them.

    So to some extent I am happy to support an ongoing relationship, but I don't believe it is without risk. If he wasn't living with his parents I would be refusing vists. Hopefully that makes more sense.

    In mediation it was suggested that he'd be able to split some of his annual leave into 4 visits a year, he also has family in QLD so accommodation wouldn't be an issue and I would be willing to cover the flight costs. During his time away I would be happy to accommodate Skype/phone calls every other day.

    I believe that I've tried to be as flexible and understanding as I could towards them, overlooking the past in fear that I cant flat out refuse... being scared that, that would be looked down on in court.
     
  8. AllForHer

    AllForHer Well-Known Member

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    You are correct that your daughter has a legal right to have a relationship with her father. The Court doesn't look highly on parents who are unable to sort out their differences so their children's legal rights can be upheld. Moreover, it will generally go to great lengths to allow children to enjoy that right, and it has many ways of reducing the risk of exposure to violence without limiting a child's capacity to have a relationship with both parents.

    You saying there's risk isn't persuasive on its own unless it's backed up by third party evidence - police reports, DOCS, a family report, etc. An IVO is one thing, but if he consented without admissions, it means there's no finding of fact that violence has actually occurred because the evidence of said violence hasn't been tested.

    Saying "if she knew, she would be terrified" is literally speculation, which doesnt qualify as evidence. The child witnessing an argument is vastly different to a child being a victim of violence, and just because parents fight doesn't mean a child is better off without one of them.

    I can't speculate on the likelihood of relocation being allowed. It might be, it might not be, there's no way of knowing. Just be cautious about what arguments the father might raise, namely that the child might not be able to uphold a meaningful relationship with him if you're allowed to relocate due to past demonstration of failure to support that relationship.
     

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