VIC Is this a breach of an intervention order?

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Familylaw101

Well-Known Member
25 January 2019
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Hi everyone,
With regards to the following pictured orders in place. If the person uses their lawyer to make legal threats to the school for the child involved is that a breach of an intervention order?

The order was served two weeks ago and this only recently occurred. From what I understood the person or their lawyer cannot make any such contact with the child or parties involved with the child?

Thank you for your help.

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Rob Legat - SBPL

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That may depend on what you mean by 'legal threats'. If the threat constitutes a contravention of one of terms of the order, then they have a problem.

I don't see anything in those orders saying that contact cannot be made with the school - merely that the person cannot go within 200 metres of the school.
 

sammy01

Well-Known Member
27 September 2015
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what is the nature of the threat?
The solicitor can't make contact with anyone involved with the child? well how does dad organise to see the kid? he cant contact you himself so he needs a solicitor to contact you to start this process so he can see the kid
 

Familylaw101

Well-Known Member
25 January 2019
30
0
121
what is the nature of the threat?
The solicitor can't make contact with anyone involved with the child? well how does dad organise to see the kid? he cant contact you himself so he needs a solicitor to contact you to start this process so he can see the kid

His lawyer can contact ours and unfortunately without knowing the full situation the father makes no effort to contact the children whatsoever and has been physically violent and abusive in other physical ways towards the children but I understand where your coming from given what's been provided.

Just one of those people who does everything against their children and listens to nobody but themselves and that's not me being biased.

But thank you for your input either way.
 

Familylaw101

Well-Known Member
25 January 2019
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121
That may depend on what you mean by 'legal threats'. If the threat constitutes a contravention of one of terms of the order, then they have a problem.

I don't see anything in those orders saying that contact cannot be made with the school - merely that the person cannot go within 200 metres of the school.

Thank you that's initially what I thought. I would have assumed that it also means contact with a school but wasn't sure if that needed to be indicated specifically.

Because it suspends previous parenting orders which included the usual equal shared responsibility and decision making it did include decision about schooling in there but only about decisions and being able to attend interviews so again I was under the assumption that perhaps it would have also included making contact with them.

So I guess with what you've said staying away from somewhere listed is the only thing the father has to abide by and technically the father can contact any of the above such as school but not come within distance as it states.

Thank you for your input as well!
 
Last edited:

sammy01

Well-Known Member
27 September 2015
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hang on a minute. This guy can't win... You have gone to the cops accussed him of violence sought an order that he must not contact the kids. But you write here "the father makes no effort to contact the children whatsoever". If he tries to contact the kids he can go to jail.

btw - if dad was physically violent towards the kids then why are you only seeking a AVO why not ask for him to be charged?
 

Familylaw101

Well-Known Member
25 January 2019
30
0
121
hang on a minute. This guy can't win... You have gone to the cops accussed him of violence sought an order that he must not contact the kids. But you write here "the father makes no effort to contact the children whatsoever". If he tries to contact the kids he can go to jail.

btw - if dad was physically violent towards the kids then why are you only seeking a AVO why not ask for him to be charged?

This was prior to this violence order being sought as well. I should re-word that properly, he does not make an attempt to check up on their safety or well-being and never did prior to all of this order taking place such as the children running away from his place multiple times and he wouldn't notify the mother or the appropriate authorities or even check to see how his own children are going eg, physically violent towards them, trying to molest his own daughter etc. The children are 12 and 14 and speak for themselves. After speaking with the socit team who is also gathering more information to press charges, an independent children's psychologist and child services who are extremely concerned I assume charges will eventually be laid but this has all come to light within the past 3 weeks which is why the intervention order has only been taken out in the mean time due to a previous family parenting ordering being in place for shared parental responsibility.

Just unfortunately one of those individuals that wants to have complete control of a situation unfortunately when he never contributes anything towards the children aside from the bare minimum which is by law I believe considered to be child support which came to $20 per week despite all expenses being covered by the mother and her partner.

The children have always been encouraged to have a meaningful relationship with both parents and being a child from a single mother myself who had god knows how many physically abusive boyfriends although fortunately they were never sexual, there still must be a line drawn whereby you cannot get sexual with your own daughter and then be physically violent towards them so that they would be fearful if they ever spoke up, this has happened on more than one occasion and as the children speak with a psychologist more will be obtained from them.

As I stated there's a lot more to the story than just an intervention order but I just wanted a simple answer to the above question regarding schooling, I appreciate your input either way so thank you.