NSW Help with Removing Child from AVO?

[Semi]

I got issued an AVO by my ex on grossly fabricated claims that I threatened her. Her evidence against mine. She didn't report to the police when it allegedly happened but next day 13 July (2 hrs after her current partner got served an APVO that I took out against him). The police included my only child on the AVO and now I haven't seen her for weeks matter for hearing Aug 17.

My question is if intimidation charges are dropped against me or worse, if I'm charged, what are my chances to apply for my daughter to be removed from the AVO with the police prosecution or magistrate if PINOP still insists on including her? Prior to July 12 2017, we had an agreement to share 50/50 custody of children which was working well and my daughter was adjusting to both our delight.

As soon as her partner got served by me, she is very nasty to get me in any way and parental alienation is her weapon to the detriment of my 6-year-old mental health, who needs both parents in early stages of our separation. I saw her at the shopping centre 3 weeks ago and she ran up to me but I had to pretend I don't know my own child as the AVO says "No contact".

I want my daughter back and family court can take months and reverting to private agreements has been rejected by her even in revised terms. Please assist.

 

[AllForHer]

So, 50/50 was working well, but then you took out an AVO against her partner? Doesn't sound like 50/50 was working that well, now, does it?

Likelihood of getting the child removed from the order is probably fairly decent if you consent to the AVO without admissions, but now that there's obviously a volume of conflict between you, you will most likely need to look into parenting orders, as well. Even if the AVO matters are sorted, that still doesn't mean she's going to facilitate your time with the child, particularly if you continue proceedings against her partner.

 

[Semi]

Thanks for the advice. If childs name is removed can I pick her up same day and keep her for a week? Do I need to let tbis known in court after the Intimidation and AVO matter is finalised? Or could she claim I took her without consent and lend me in more trouble.

I regret taking avo against her partner now as her actions was purely retailtory and I suffered as a result. I only took avo out because he had threatened me verbally twice in front of my neighbours and my daughter.

 

[AllForHer]

If there's no parenting orders in place and the Court agrees to remove the child as a named party, you can do what you want in terms of collecting the child. No orders means no rules when it comes to parenting.

Should you, though? Probably tread carefully here. Get it added into the AVO that you can communicate about the child, then tell mum you will be collecting the child in accordance with whatever written agreement you had previously. You don't really need consent, but at least tell her your intentions. If you collect the kid without notice and don't communicate about where the kid is, that very probably will result in more retaliation from mum.

Try and aim for amicability. If the new boyfriend is causing conflict, then steer clear of him and learn how to ignore provocations.