VIC Vexatious FVIO

[JonnoWill]

My ex has placed an FVIO on me and it has included my kids which has caused a lot of issues, even with DFFH agreements allowing me to see my kids the grandparents won't let me see them anymore. For the past 3 months my children have been staying with me 3 nights a week as a so-called transition period so they can be returned to me as per DFFH request.

At this stage, I'm trying to get removed the FVIO on the children and have a court date in March. The original FVIO order was full of fantasy; more than one person had noted this the judge who was presiding on the day and some lady on the case at DFFH.

My question is, how hard would it be to make a claim saying this was vexatious? And is that even the right word?

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[Rod]

how hard would it be to make a claim saying this was vexatious?

At this stage - very.

Nothing has been tested in court as yet.

Needs to be tested and found untruthful before a claim of vexatiousness can be found, and then there needs to be a pattern of untruthful behaviour. A one off event is not enough.

 

[JonnoWill]

At this stage - very.

Nothing has been tested in court as yet.

Needs to be tested and found untruthful before a claim of vexatiousness can be found, and then there needs to be a pattern of untruthful behaviour. A one off event is not enough.

Thanks for clearing that up for me.