VIC IVO/DFFH advise vs Orders/Custody of children

[JamesMorrison]

In May 2022 I was hospitalised due to substance abuse. My ex partner was also using at the time and while I was in hospital she had DFFH remove our children from her care and into the care of their maternal grandmother (her mother). I was in hospital for two weeks and detoxed and cleaned myself up.

In June 2022 I worked with DFFH and rehabilitated myself through drug abuse counselling, a psychologist and hospital outreach workers.

I resumed work in July and worked towards seeing my children again under the supervision of their maternal grandparents as per DFFHs direction which then moved up to over night stays etc.



In August 2022 I was served with an IVO from my ex partner which also mentioned our children's names on it. Myself and DFFH were surprised at this, however DFFH said that it wouldn't have an effect on my time with the children as they were not under their mothers care.

Through out the latter part of 2022 I worked with the children's grandmother in having them for 3,4 up to 5 days per week with the plan to return them into my care as DFFH advised that their mother needed 12mths supervised care.

At the end of Jan 2023, after having the children in my care for the better part of each and every week (4-5 days) I received a message from the maternal grandmother stating I could no longer see the children due to the IVO from August, this was the first time this had been mentioned or brought up in conversation.

I was unable to see the children for 11 weeks.

I sought legal advise and tried to have the IVO amended to remove the children off it so it wouldn't be an issue and I could resume seeing them again. This did not occur because the maternal grandmother and mother contested it.



At the end of March I received another message from the maternal grandmother stating that I could resume seeing them again and was given to calander plans for the month of April and May which allowed me to see my children from Friday through to Mondays each week.


The mother has just started to message me saying that she is now again primary carer of the children and I need to provide her with details such as my mobile number etc and that we need to begin communicating again for the sake of the children.


This is a really difficult situation and I am not sure what I am and not allowed to do.

 

[Rod]

What does the IVO say about contacting the mother for child visitation purposes?

You need to be careful because if you upset the mother in anyway while the IVO is in place you will likely be breached and taken to court by the police.

 

[JonnoWill]

I'm the father of James and below is whats on the FVIO.

The FVIO under paragraph 9 states
The respondent may;
(a) Do anything that is permitted by a family law act order, a child protection order or a written agreement about child arrangements. or
(b) Negotiate child arrangements by letter, email or text message, or
(c) Communicate with a protected person through a lawyer or mediator.

 

[Rod]

Good.

Make sure you only talk about James' arrangements, and nothing about but James' arrangements.

Always do it via txt or email. Do not call, do not answer calls, else you run the risk of being breached.

 

[JonnoWill]

Good.

Make sure you only talk about James' arrangements, and nothing about but James' arrangements.

Always do it via txt or email. Do not call, do not answer calls, else you run the risk of being breached.

The individual has been sending numerous messages claiming that she now has kinship over the children, despite the child protection agency advising that they should be returned to him. She has requested a meeting with him to discuss the details of caring for the children.

The key concern is whether he should agree to meet with her regarding the children, and if he should have a third party present during the meeting. Additionally, is he allowed to record the conversation for future reference?

 

[Rod]

whether he should agree to meet with her regarding the children

NOOOOOOO, unless you family court or children's court orders saying he can TALK to her. Otherwise the answer is a clear NOOOOO with or without a 3rd party.

(b) Negotiate child arrangements by letter, email or text message, or
(c) Communicate with a protected person through a lawyer or mediator.

These are the options ^

 

[Atticus]

The key concern is whether he should agree to meet with her regarding the children

Just to reiterate what @Rod has pointed out .... it is very important that HE DOES NOT meet with OR talk to her in contravention of the IVO...

She could report him for breaching the IVO even if she instigated the meeting, & with no consequence to her as per Section 125 of the act :- >> a protected person is not involved in the commission of an offence against this Act, and is not punishable as a principal offender, because the protected person encourages, permits or authorises conduct by the respondent that contravenes the family violence intervention order or family violence safety notice.

Source >> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 125 Protected person not guilty as abettor

 

[JamesMorrison]

Currently on a Friday afternoon she is dropping one of my children off to me after school, due to me being unable to make pick up time after school. She drops him off at 4.30pm and does not stay or hang around very long, just hands over his bag and leaves. Is this a problem?

 

[Rod]

Risky, but likely OK because of this -> (a) Do anything that is permitted by a family law act order, a child protection order or a written agreement about child arrangements.