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daughters uncle is violent


the other day, i saw my daughters uncle be violent towards my daughter (i am mates with my daughters uncle), as he twisted her arm behind her back, and made her scream, i went off at him, and the ex did nothing, my ex and daughter lives with my mate (the ex's brother/daughters uncle)

i asked my daughter later that day and she said that he hurts her quite a bit,

now i would like to know, is that grounds for removing my daughter from that house hold, and then applying in family court for a new parenting order?

i have filled out the legal aid form, and i will be taking it to legal aid on monday,

what does people think i should do?
I think you should click on community and then on SRL-Resource and look to join. The SRL's could privately ascertain the more in-depth details and then advise on what action or actions could be taken.
Hmmmm.... Ok. So if your daughter was removed from the household, where would she go? To your household?

yes, i would be more than happy to have her full time,

has any one been in this position? what did they do?
I asked because its an important question. You'd need to be just 'more than happy'. If you're going to start a sh*t fight, you would need to be prepared for that eventuality. Or perhaps the uncle would need to move out.

One problem u are going to encounter is providing solid evidence that your daughter was 'assaulted' in the manner you described. Your daughter is obviously a witness, but using her as a witness could put her in an uncomfortable position.

Obviously you're a witness. The Uncle would probably deny the incident. Leaving the Mother and whomever else present during the incident as witnesses. Would the mother back your version of events or the version of
the Uncle?

Gaining an AVO against the uncle with your daughter as the PINOP is a course of action to consider. You could seek an AVO that restrains him for assaulting your daughter. You could seek a restraining order requiring him to stay away from your daughter. Clearly, your daughter and uncle couldn't remain under the same roof with that type of order. Gaining an AVO via the Police is inexpensive.

Alternatively, you could file a Notice of Child Abuse with the family court and seek parenting/restraining orders. But this might be a tad heavy handed,expensive and would take time to effect.

You could seek both an AVO and file a Notice of Child Ab
use simultaneously.

Alternatively, you could confront the uncle but the risk is that things might head south and get nasty. Plus your daughter might experience some blow-back.

I think in this situation it's important to first work out what outcome you want. The outcome your are seeking would go a long way in determining your course of action.

Did you raise the issue with the Mother? If so, what was her response?

Last edit: by 4mydaughter

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