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AVO Application and then take the children away

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About a 6 weeks ago my wife decided that she did not want a relationship any more and said that she is only going to share the three children 2 nights per fortnight and she was leaving her job to take out benifits.

I was upset and said some heated words to her as I just completed building a new house.

That night she rang the Domestic Violence Help Line and they said not to contact police as there was no physical assault. She ignored them and still went to the local Police station and they made an application for an AVO. She than asked her own father, who has a criminal record, to come and stay at our family home and I had to lock myself in my room. I felt intimidated and went to the local court and made an application for an ADVO on her. Once she found this out she took the children to the park one morning and then never came back. After a long time I found she went away to the other side if Sydney about 2 hours drive.

I have not seen the children for about 5 weeks and only spoke to them yesterday. She came back on the weekend and removed all the furniture from the house with her friends.

I had the first AVO hearing last week and she said (through her solicitor) I let you see the children if you agree to the AVO orders. I said I did nothing wrong and would not agree.

The mention was put forward to next week. I am going to fight to the end as she wants the AVO to simply deny me access to the children. How can they do this? How can the system let the Police do this?
Keep you posted.

Last edit: by OneRingRules

Hi Avatar, Justin here

Your ex has had some good advice on how to work the system. She does not need to prove you have assaulted her only she is scared you may assaulted her.

You do not know where she lives so you cannot, you have not-so will not, and she is "ATTEMPTING" to "Manipulate the Cause of Justice" (Criminal Offence to seek the Police prosecute) in the Family Court by "Abuse of the Court Processes" of the "State Court". Seek prosecution or found as claimed, that is you have committed Family Violence against her infront of the children which is what the judge wants to hear an acusation of without evidence. Flohm J proved that by denial of Police to give evidence that would have caused the mother to go to jail if prosecuted.

"I let you see the children if you agree to the AVO orders. I said I did nothing wrong and would not agree." Is a demonstration of abuse of processes the Court is tired of hearing.

You need to present this to the Court, that is that you were told you could have contact IF YOU AGREE, therefore there is NO FEAR.

"How can the system let the Police do this?" The law has been produced to help those who do not want to be helped because they are not loved unless they are abused. Sick to most of us but true to a percentage of girls who had poor growing up experiences or hormonal problems.

Keep up the good behaviour and do not do a wrong because 1 wrong by you will fall you into her hands no matter how many she has done.

Update on AVO and Taken Children Away

Yesterday I lodged an application for recovery of the children and orders to have equal shared time of the children with the Federal Magistrate Court. The registrar saw the matter as very urgent and I have a hearing on the 25 May 2010.

My wife still does not want me to see the children and I have not seen them since the 17 April 2010. I have spoken to the children a few times since last Sunday and I was very upset and emotional as I was very close with the children. I haveasked my wifeif I can see the children and she still refused and she said that shehas to talk to her lawyer. I have written a letter to her Lawyer but I had no Response.

I have also prepared an Affidavit and obtained a 60 I certificate with theapplication for recovery of the children and orders with the Federal Magistrate Court. All the details have been put in the application including that since 2008 she has been working 3 days per week and commuting one hour each way, and that I have been caring for the children those three days, including getting them out of bed, getting them dressed, driving them to school and picking them up and preparing dinner for the whole Family.

Yesterday I had a phone call from the Child Support Agency requesting that I pay the full child support as she has full care of the children. I said I have no issues with paying the child support as I am still love mychildren.

I cannot believe a person would do something like this denying the children access to the Father for no apparent reason and claiming that she is afraid and making claims that I am an alcoholic.

I proposed in the orders that we both care forthe children as I still want her to be part of the children's life. I hope that the Court will see compassion and let me see the children again.
I am probably silly for putting this post here but I am actually a mother with a 7month old baby and a 9yr old son (he is to a previous relationship) and I am not allowing my daughters father to see her and I will do all  can to stop it.

We split around april 18 as a result of an assault on me it was fairly minor but was not hanging around for it to progress. He moved away to his parents about 2.5 hours away and he rang almost every day only complaining about me and him not being together once he was convinced that we were not getting back together i was getting phone calls where he wasvery abusive and when i tried to talk about my daughter to him he got worse he was threatening to kill himself andall sorts of stuffi took this to the police and they suggested that i not take an avo as he was getting over our relationship the calls continued and got more frequent (one night was 37 calls) and more agressive he started telling me he was going to kill me and then it was he was going to kill the kids so as i knew how he felt and just more and more stuff like that.

I went back to the police and they took my statement and told me it would not be in force until it went to court a few nights later the police contacted me and told me that it was now being issued immediately (i have no idea why they changed their mind i made no other reports).

I am only writingthis as i believe the father of my daughter would write something similar to you saying how in the wrong i was and not him, I am not saying that this is what you are doing i am just stating that it is not just the women that make up the lies to get what they want and itwas not very easy for me to get an avo initially and he had hit me and police had been called and they seen the bite marks on me and the bruises on my arms i asked for them not to charge him as i was happy he was leaving.

A court does generally favour with shared care for both parents even when an avo and stuff is in place (according to the lawer i seen) so long as what you are saying is factual you deserve to see your children and have equal rights too them i am just saying that it is not always best.
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