QLD Would driving someone's car regularly be evidence of a relationship

[Atticus]

You're going to have to make sure you don't contact her in ANY way contrary to the conditions on the DVO ...

What contcat with your ex does it allow for the exchange of your daughter? Is there specific times mentioned in there, ie, changeover times?

 

[Eric79]

No no times just that I can contact regarding pick up and drop off and I have written permission from her that I can contact regarding the health and well-being of our daughter but yeah I stick strictly to it apart from that one message a couple of months ago.

 

[sammy01]

So how easy was it for her to turn you reaching out due to concern into a breach? I mentioned earlier - DO NOTHING. If you do nothing then she's got nothing to pin on you...

I learned to love my AVO. 12 months where it was against the law to talk to her. Oh how I miss the avo... I have drop off today. I will have to speak to her...

 

[Eric79]

Apparently very easy lol, it was as simple as the fact that I didn't mention my daughter in the message, my intentions didn't matter ( my defense was that I was concerned about my daughter's well-being in her mother's care due to how badly she handled his incarceration ) the police could have dropped it but chose not too, that was months ago and since then and before that message I have stuck strictly to the DVO conditions. Because of what she has done I've taken to video recording our interactions when she collects our daughter so I have evidence if she decides to make some BS report. I very very rarely even say anything during those collection times and she has started bringing another family member with her for pick up who tries her best to antagonize me for a reaction.

 

[Atticus]

I have written permission from her that I can contact regarding the health and well-being of our daughter but yeah I stick strictly to it apart from that one message a couple of months ago.

Doe's the DVO say that she is allowed to grant 'permission' to contact her?

Just be aware, that even though she is the protected (aggrieved) person named in the order, anything she agrees to with you or says you can do, doe's NOT change the order, ie, it's still going to be a breach if reported to cops, (maybe by the family memeber who has it in for you) & be aware too, that the act under which these laws operate will NOT hold her to account for it, even if she knowingly put you in a position of breaching.

You already have a good behavior bond, (was it recorded as a conviction?) another breach & you will be in serious trouble, & a magistrate may look at including kids of the aggrieved on the DVO.

 

[Rod]

Tough situation but having 50/50 care means you shouldn't rock the boat.

What you should be doing is diarising all contact with your daughter, and all incidents with the ex that may help in a custody battle. Helps having the information ready in case she takes you to court.

If she does take you to court you'll have the basics of the material you'll need, and additionally you'd subpoena her phone records and possible prison visitation records to see if she is still in contact with the pedo.

AND - do not even hint to her this is what you are doing or planning to do.

 

[Eric79]

Doe's the DVO say that she is allowed to grant 'permission' to contact her?

Just be aware, that even though she is the protected (aggrieved) person named in the order, anything she agrees to with you or says you can do, doe's NOT change the order, ie, it's still going to be a breach if reported to cops, (maybe by the family memeber who has it in for you) & be aware too, that the act under which these laws operate will NOT hold her to account for it, even if she knowingly put you in a position of breaching.

You already have a good behavior bond, (was it recorded as a conviction?) another breach & you will be in serious trouble, & a magistrate may look at including kids of the aggrieved on the DVO.

Yes it does say she can give permission to contact , no not a conviction and as I said I stick strictly to the restrictions of the DVO, I really don't want to talk to her at all lol so it's only done when I need to and within the restrictions of the DVO .

 

[Eric79]

Tough situation but having 50/50 care means you shouldn't rock the boat.

What you should be doing is diarising all contact with your daughter, and all incidents with the ex that may help in a custody battle. Helps having the information ready in case she takes you to court.

If she does take you to court you'll have the basics of the material you'll need, and additionally you'd subpoena her phone records and possible prison visitation records to see if she is still in contact with the pedo.

AND - do not even hint to her this is what you are doing or planning to do.

That's some awesome info Rod, thank you very much, I keep all written correspondence and I have started video recording her pick ups of our daughter so I have all of that just in case and I never answer the phone to her.

 

[Atticus]

Yes it does say she can give permission to contact , no not a conviction and as I said I stick strictly to the restrictions of the DVO, I really don't want to talk to her at all lol so it's only done when I need to and within the restrictions of the DVO .

Good, just making sure the DVO gives the protected person explicit permissions ..... Plenty of people under the false belief that if the protected person gives permission to, or initiates contact, then that contact doesn't constitute a breach.

I am now concerned they are going to take this to court, currently we have a written agreement in place for us to have our daughter half the week each

Is the written agreement dated & signed by you both? .... If so, & as long as it was made free of any duress, then it should be accepted as a parenting plan under Section 63C of the Family Law Act ...

If that is the case, then if she initiates court proceedings for parenting orders, then the court must give regard to the terms of that parenting plan when making orders.

 

[Eric79]

The agreement is signed and dated by both of us, during the mediation though she apparently told the mediator that she only agreed to that because I threatened to take my daughter away from her completely, I didn't do that but that's now her claim