Ivo, family orders and s68r

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Zack Jasper

Member
22 August 2018
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I'm currently in the midst of a family court dispute in Victoria with my former partner in regards to our 3 year old daughter.

Interim orders were made for me to have access with our daughter every fortnight however my ex has refused to comply with the orders. She attempted to get a stay of the orders which was dismissed while she also attempts to appeal the interim orders due to an Ivo that I agreed to without admission as suggested by my lawyer that were made before the family court proceedings started and end only 2 days after final orders are set to be made. While I was told that the Ivo would have no bearing on the family court matters nothing could have been further from the truth.

I had for 6 months attempted to fight the Ivo however due to costs and a court muckup on the day that meant I looking at having to have it adjourned once again and moved to a later date finally accept without admission . It's proving quite easy to prove the allegations false due to subpoenaed material and other evidence however have to wait till the final hearing.

My problem is that she is now claiming a section 68r in an appeal due to the Ivo and using that as an excuse do not comply with the current interim orders. The appeals set for a few weeks with the final orders date 3 weeks later. In her appeals she basically states that the judge made the wrong decision due to the Ivo etc.

From what I understand the section 68r says that because there is an Ivo in place with my daughter named also that the family orders contradict it and therefore they conflict with with each other.

What should I expect? What can I do? And am I reading the section 68r correctly in which case due to the Ivo the interim family orders and possibly final orders can be ignored or overturned due to this conflict and that while she has an Ivo order will be impossibly unless at a supervised Centre which is what shes asking one day a month for 2 hours?

Not sure if it matters but so far the family report was in my favour as well as our daughters icl supporting our case both in the interim orders and in dismissing the stay.

At this stage my ex has contravened the orders for 3 months in which time I have had no contact with my daughter whatsoever. Should I apply to the court for contravention of orders or wait until the appeal is done and possibly final orders. I have not done so already due to the stay and excuses of sickness etc

Thank you for your time.
 

sammy01

Well-Known Member
27 September 2015
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My understanding is that a family law court order over-rides the IVO. She should continue to do pick up and drop offs.... The IVO doesn't mean the family law order is expired...

You can expect her to get her arse kicked for stopping you seeing the kid based on what you've written.
Please keep us informed how you go
 

Zack Jasper

Member
22 August 2018
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1
Thanks for your reply and this is my understanding also and I'll keep updating as the case progresses.

Any idea if the appeal on the grounds of a s68r in regards to an Ivo given without admission has much chance or not to have the interim orders thrown out?
 

sammy01

Well-Known Member
27 September 2015
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ok so my understanding is that 68R is that a family court order negates an order in an IVO. Doesn't matter if it is interim or final. So she needs to establish in family court that the IVO means the family court orders need to be varied....

The intention is that an IVO (which is incredibly easy to get) serves a purpose. That purpose end domestic violence. All good so far and I know you're probably screaming at the screen because you think the IVO is pretty crook... Been there done that...

My understanding is that the local court may make an order that effectively suspends the family court order BUT must be satisfied that it is necessary. The assumption is that an IVO is not grounds in itself to stop you seeing your kid... So family law over-rides the IVO... Your ex is gonna try and claim that the IVO should be extended so that it makes the family law orders obsolete... She really doesn't wanna let you see your kid... Hey..
 

Rod

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27 May 2014
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IVOs and parenting orders are not straightforward when two sets of orders from different courts have conflicting requirements.

What happens depends on what dates the various orders are made. The date order in which the court orders are made is important and I can't tell on what dates the various orders have been made.

It should also be noted that a Magistrates' Court cannot discharge a Family Court parenting order at interim IVO hearings.

S68R also says that the Magistrates' Court must not vary the Family Court parenting orders unless it has material/evidence the Family Court did not have.
 

Rod

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27 May 2014
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I was told that the Ivo would have no bearing on the family court matters

This is generally true IF the child is not named on the IVO. Having a child on the IVO who is also part of Family Court parenting orders complicates matters.