NSW Rights regarding communication with a DVO?

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Tammy*

Member
20 December 2019
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0
1
Recently (4 weeks ago) separated from a long term relationship, I currently have a DVO (not interim, in place for one week now) against my ex partner.
There is a serious threat to safety due to domestic violence, suicide and drug and alcohol concerns on the part of my ex.

We have a 2 year old child (DVO includes child), and my ex partner has applied for location, parenting orders and relocation orders.

He filed without mediation (before the DVO) claiming that I was a risk due to mental instability (Completely false allegation).
The first I knew about any court orders was a txt msg from his lawyer stating I had court that day. I didn't receive the message until after the matter had been heard. My ex was granted location orders ex parte, and the Family Court was adjourned until 2020. The documents say they were filed a week prior. He knows my email, FB and phone number. He also knows my family members. To say I was unlocatable is incorrect.

We left the state as there was no family support for me in that state. And during this time, and even now my main concern is the safety of our child and myself. We are still on holiday as advised.

There are no current parenting orders in place.

Ex partner has not asked how child is, not once even before DVO, and had not seen child two weeks prior to separation due to his own reasons.
I have had other family members on his side try to contact me about our child.

I want to be safe and stay safe, but at the same time I want him to know our child is happy, and doing well. This is not an easy time as it's Christmas, and I know he has a rights, as does our child.

Would I be in breach of the DVO, if I sent photos electronically our child or if I allowed and organised video link to let them communicate and see each other?

How do I facilitate communication safely and legally?

My fear is that my ex is very volatile and manipulative, he has gone to extraordinary lengths to locate me. It is my opinion that he would try to use this communication against me. Yet, my child has and will always come first and I want to ensure that I do right by them.

So unsure.
 

Tammy*

Member
20 December 2019
4
0
1
Yes, his Lawyer contacted me for court.
She tried to get me to agree to organising visitation but I said I would need to wait until I have legal counsel before making any decisions.
Also her office is closed until 6th January 2020.
 

Tremaine

Well-Known Member
5 February 2019
172
30
514
For now, it’s probably best to just communicate through his lawyer.

Question: Why is the child on the order? Did the father accept the order without admissions? Was he present at court on the day it was made?
 

Atticus

Well-Known Member
6 February 2019
668
116
2,394
Would I be in breach of the DVO, if I sent photos electronically our child or if I allowed and organised video link to let them communicate and see each other?
Only the named respondent can breach the AVO, not you the protected person...Therefore If you were to contact him in any way, or arrange for any contact between himself & the protected child, you would be facilitating a breach, but if he were to engage in the communication, he would be in breach, a criminal offence
How do I facilitate communication safely and legally?
As already advised by Tremaine, this can only legally be done through a lawyer
 

Tammy*

Member
20 December 2019
4
0
1
Okay, thank you both for your response, that answers my question.
This is such a hard situation - being that there is a young child involved.
 

sammy01

Well-Known Member
27 September 2015
3,965
561
2,894
I disagree. My ex took an avo against me and started texting / sending photos. I went to the cops and enjoyed listening to the cop call the ex and give her a lecture. Why?
1. Let me para phrase.... here is a photo of your kid enjoying looking at it because that is as close as you're gonna get....
2. So u need protecting. U don't want him contacting you. But u can call him? How is that fair. Oh and if he responds. He goes to jail.
 

Tammy*

Member
20 December 2019
4
0
1
I would like to help keep our child's relationship with their father. My question was how to facilitate their communication safely and legally.

I have no intention of creating turmoil. I am sorry this happened to you, but feel that is not relevant to my reason for communication.

I believe if it was me, I would like to be updated with the welfare and growth of my child.

I have instead posted to social media photos of our child. This idea came to me Christmas eve. This way I have not communicated directly and reduces the possibility of breaches to DVO.

As for communication between them, I will wait for the lawyers advice on how this should occur.

Thank you for your input.
 

sammy01

Well-Known Member
27 September 2015
3,965
561
2,894
Hey Tammy,
No worries. My advice is that you don't make contact with the ex. I'm sure your heart is in the right place. But an AVO is to protect you. By making contact you're inviting trouble
 

GlassHalfFull

Well-Known Member
28 August 2018
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This does seem to speak to the fact that once again, many AVOs are too much - too far reaching and not necessarily even what the 'protected person' wants, at least not in practice and not for the time scales they can be in place for.

Yes, they are for the protection of the 'victim', but in a lot of cases such as this, they actually just make moving on in life so much more difficult, and of course make things just plain s**t for the children too. There's not much more you can do now that it's in place though. Perhaps you could go back to court and get the child taken off the order. At least, I assume they are on the order. I'm not sure if you said they were or were not... If they're not, then technically as long as he doesn't communicate with you, you could initiate the video link but not be involved in it? Something to run by the lawyer anyway, if you do want to maintain contact with your child and the father.