NSW What happens when a DVO ends?

[Nilpyz]

Had a DVO brought against me by my partner, the document that I received was typed up by Child Services who embellished and took a lot of things out of context. The DVO was her word against mine, no Police were ever called, no injuries or Hospital visits. Long story short I got served with a 2 year DVO order and haven't had any contact since. I was young and stupid at the time and should of known better, there's never been any drug or alcohol problems, no criminal convictions and have always had a stable job.

The DVO finishes in 3 months and I've been told through a mutual friend my partner wants to give me another chance but is worried her parents will get involved and try to get custody of the kids. My understanding is that once the DVO expires I am able to see my kids/partner and could potentially move them in with me.

Is it possible for her parents to try to get custody of the children based on one DVO with no evidence apart from my partners statement. And is there anything I can do to combat this or stop the DVO from being reissued. I made a mistake and I've paid for it for the last 2 years missing out on the kids growing up. It's taking a toll on my mental health as the closer it gets to ending the more excited I get but on the other hand I'm worried something will happen and I'll have another 2 year DVO or a custody battle.

What sort of Lawyer would deal with things like this? As I tried to talk to the Child Services people at the time and they weren't interested in helping me at all. Not looking for a telling off or any sympathy, I own up to my mistakes. Just seeking advice so I can move on with my life.

 

[Rod]

Is it possible for her parents to try to get custody of the children based on one DVO with no evidence apart from my partners statement.

They can try, doesn't mean they will be successful.

Suggest you ease back into the relationship, think of it as dating again, while not repeating the past mistakes you have acknowledged (which is great).

 

[sammy01]

My problem mate "give me another chance". Seems to me you've done nothing wrong. BTW my advice is brutal. Firstly, you should not have had to wait 2 years to see the end of the avo just to see your kids. Stuff that.

So she wants to 'give you another chance'. Ok. good oh. I like Rod's advice, think of it as dating again, but I'd be keep on seeing you take advantage of her new found consideration to negotiate more time with the kids.

So how easy was it to get an avo out on you the first time? super easy... How easy would it be to get another one given you now have a 'track record'? hmm.

What sort of lawyer to use? none. Call relationships australia and start organising mediation for the purposes of getting to see your kids.

Don't let one thing be a determining factor in the other. So she'll let you see the kids IF you do this or that. Nope dating or re-kindling the relationship and child access are two separate issues.

Mate, not telling you off, no sympathy either. But this chick has kept you away from the kids for 2 years based of 4/5's of stuff all and she wants to give you another chance? Trust me I get it. I reckon I spent the first 2-3 years fantasizing about it all being made good and working on what I could have done better. But guess what it was all a dream and wasn't all my fault (something she could not come close to understanding).

Make child access priority number 1 and the relationship a distant second.