Forget an order to keep grandad away. If Grandad is that bad Doc's will deal with. It makes you seem petty AND how to enforce.. Kid lives with mum... kid comes home and says grandad was there. what then? You cant enforce it.
Sorry but you guys have to learn to play better. So instead of paternal grandma accepting a 1 yr avo YOU agreed to no granny for 5 yrs? In the hope you can get it fixed by spending more money on court later on? It will take 1 year to get court to change the order and more importantly, it is mixing state criminal law with federal family law. messy.
I basically disagree with nearly everything in the post, particularly the part about the DVO. All DVOs in Queensland are made for a minimum of five years, so not sure why we are talking about a one-year AVO, and it doesn't sound like dad agreed to anything, only the grandmother did, since the DVO application was against her.
I'm also not entirely clear what drives the suggestion to pretend dad has no concerns about the paternal grandfather when DOCS and an expert witness already cited concerns of their own which led the paternal grandfather to bow out of his own kids' lives. That just seems like a daft comment to me, but as always, take or leave everything we say and make sure you're getting legal advice.
So, the grandmother's undertakings.
Undertakings aren't enforceable by the Court. They're a promise, but if the grandmother breaches them, it doesn't result in criminal proceedings against her. All they do is make it easier to get a DVO second time around (but it's unlikely the undertakings will transfer straight over to a DVO anyway because that's drawing dangerously close to parenting orders).
As such, I probably wouldn't worry about getting parenting orders for the grandmother's time with the kid yet. There is some truth to it being difficult to enforce, and mum is going to face those same difficulties on her end, and like I said, undertakings aren't enforceable, either.
The FCCA's advice is correct in context. If you want to change the existing interim orders, you would file an application in a case. If you want to include that same interim order in your final orders, you need to file an amended initiating application. Note, there's no 'amended initiating application' form, it's just an ordinary initiating application, but with 'Amended' written at the top, and I suppose you can bundle this with getting interim orders changed by ticking the box for interim orders and including a minute of orders accordingly.
Now, mum's new DVO is an interesting development. Is the child named on the application as a protected party?