VIC IVO Variation with Consent Orders in Place?

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Fatherintrouble

Active Member
23 January 2019
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Mates,

I need some info. My ex has taken IVO (AVO) against me, which includes children. Last month I happened to get consent orders in family court which initiates the process of therapeutic counselling.

I have County Court matter this week for rehearing of IVO. So my question is does the Magistrate consider family court outcome? What my concern is my ex is using IVO as weapon and filing and reporting several breaches. Since 3 years no breach was accepted by police or courts, as they all are false.

Please find below a link which clearly gives an option to get vary of IVO / AVO, but the same link says that a lot of magistrates are unaware of this. How can I make Hon'ble Magistrate understand this clause

Section 68R of the Family Law Act | ALRC

Read 16.27 where it says

16.27 Some stakeholders noted that some applicants who seek to vary a parenting order fear that, by doing so, they will be perceived as ‘unfriendly parents’ or as misusing the legal system to frustrate children spending time with the other parent
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,128
957
2,894
You are quoting from a report produced in 2010 and many of the various state based IVO laws have changed significantly since that report was written. If you are basing your appeal on this report you are likely doomed in your appeal.

You should seek immediate legal advice as you are attending a county court appeal of a Magistrates' decision this week. You'll only be heard on points of law in court and trying to argue the Magistrate needs to abide by a FCC decision is not going to win due to changes in the law. Possibly you should seek an adjournment so a lawyer can properly review your matter.

You are likely correct in that your ex is abusing the system but overturning a Magistrates' finding can be difficult without good legal representation.