QLD What to Do with False Allegations on Domestic Violence Order?

[Dianne Ball]

My son was served with a Domestic Violence Order a couple of months ago, which has false statements in it. Also, he has not seen his children in months. Is there something that can be done so he can see his kids?

Mediation is currently being done but has taken over a month so far. He is really missing them.

Thank you

 

[sammy01]

There is not much you can do and it really sucks.

Really the only thing you have available is to have a solicitor write to her and request some time with the kids. There is a stupid rule that says that he can't contact the ex because of the AVO but a solicitor can but, of course, that will cost money...

 

[Dianne Ball]

Thank you, Sammy, it is just so frustrating seeing him go through this. Some people just don't realise it's not always the woman who is the victim. Thank you for your reply.

 

[AllForHer]

So, the first step is mediation, and it's good to hear that is under way, but it can be a time-consuming process unless your son wants to foot the funds to get it done faster through a private provider.

Realistically, however, mediation won't guarantee that he sees his children. It's a forum for the parents to attempt to reach agreement about the kids' care arrangements, but if no agreement can be reached, then either parent remains at liberty to do as they please (including withholding the children).

If, however, mediation fails and no agreement can be reached, your son will receive a s 60I certificate, which will enable him to file an initiating application for parenting orders with the Court. The application requires a minute of the parenting orders he would be seeking (such as when he sees the children, etc.), and an affidavit of evidence to show why the orders sought are in the best interests of the children.

What is the current situation with the DVO? Has there been a mention or hearing for it? Did he accept it without admissions, or contest it?

 

[Dianne Ball]

He did not argue the DVO because it would take longer to see his kids. He saw them a couple of times after the separation and then she just stopped him from seeing them. She said he verbally abused her and she is scared, which is not true. He just does not have the money to hire a solicitor.

 

[AllForHer]

That's fair enough. A DVO, in family law proceedings, is not as damning as many believe it to be. The Court understands that it's often easier to simply accept a DVO than it is to fight it, and an acceptance without admissions means there is no finding of fact that violence has actually taken place.

However, it is necessary that he restrict communication with the other parent in order to avoid breaching the DVO, and instead look to third parties, as necessary, to carry out that communication (usually through her legal representative). Attendance at mediation does not constitute a breach of a DVO, so it's a good opportunity to raise issues there, and warn that if the children's time with him is not reinstated, the matter will need to be taken further.

 

[sammy01]

Just to give you something positive to think about.

I was in the same situation. My ex also took to going to the police station and accusing me of breaking the terms of the AVO just to try and get me in trouble... It got so bad that I started withdrawing cash and keeping receipts to show the cops to 'prove' I was nowhere near her house. It was stupid and the cops knew it but their hands were tied. When she made a complaint, they had to investigage...

The cops were apologetic, but they had a job to do. But also there is a lesson here for your son. Some people use AVOs to their full extent and that means there are some people right now are in jail because of vindictive exes. Heed the warning...

So that was where I was 5 years ago... These days the kids live with me 80% of the time and see their mum in the holidays... I hope the same can happen for your son.

 

[Dianne Ball]

Thank you everyone for your replies. Appreciate it.

 

[Rod]

Hey Sammy,

Did the police ever do anything about the ex making false police reports?

These days have a tracker on your mobile phone or in your car is also a good idea when faced with a vindictive ex.

 

[AllForHer]

Police can't do anything about false reports because they don't want to deter genuine victims from coming forward to seek help.

Vicious cycle, really.