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Hi all,I have searched around here & elsewhere but seem to just go around in circles becoming more confused.Add to that this old beast of a desktop is having "attitude".


My situation is I'm in south Aus.& separated in May this year & ex has our only child living with her.Our daughter is 5yr old.

The ex seemed to have the nonsensical belief that from that point on I no longer existed in regards to our daughter.
For the first 4 or 5 weeks my almost daily requests to see our daughter were refused.

Due to them living with her family at the time & threatened with arresst for tresspassing coupled with common courtesy to her family,I resisted all urges to show up there.
That left the option of her visiting me where flat out refusals turned to "maybes BUT with conditions" to changing her mind at the last minute.
All up I was "permitted" 2 separate visits where the ex dropped our daughter to my place both times & collected her some 4 -4.5 hrs. later.
Phone contact had been happening between daughter & myself as well as me drawing pictures with notes on them & faxing them through to where they were staying.(not all were passed on to her unfortunately).

During this time any attempt at discussing future arrangements regarding our daughter were simply scoffed at,ridiculed or ignored.
I made an appointment at local FDR & luckily were seen to rather quickly from what  I've read in other posts.
I had my intake/assessment appointment & was told the ex would be having hers fairly soon & to wait till I heard back from them regards next stage.

1 week later I was served with an interim intervention order covering both my ex & our daughter.
Requested copy of evidence court relied upon to grant the interim & was given copy of affidavit in which she basically uses 8 pages to slander me It paints a picture of a woman & child living in fear for their lives with a drug crazed woman basher who imprisoned them within the home.Basically that she is the victim of Family Violence /Abuse is the goal she wished to achieve & relied on a police incident report she had made in 2009 & 2010.
I was unaware she had made either of these as I had no direct or indirect contact from police or anybody in the entire 12 years together.
I'm pretty sure I know what 1 of the incidents involves but it certainly wasn't a case of me bashing her.I needn't go into the details of that here but if that was the incident & report was made the police must've seen it for what it was as they didn't make inquiries or investigate at all The other incident I don't know what it is but again there was no follow up involved .
So early July I front the mag.for all of 2 minutes - adjourned til mid July for pretrial conference.
Pre trial conference-adjourned because prosecution need more time!! The investigating officer was on leave!! Ex lodged affidavit first week of June & here we are in mid July(1.5wks ago) & no-one has contacted me regarding it & really WTF is there to investigate!?! & that needs more time to do it !?!

Anyways my mother had still been having her weekly visit with her granddaughter & during a welfare check on me few weeks ago told me that ex & daughter were not living at ex's parents any more & had sourced a unit.
Meanwhile mediation have wiped their hands of our matter because of the "family violence matter" & have issued me with a section 601 certificate & i suppose ex got one as well.
I since visited her father(who was pretty dark on her going the IIO route)who got in touch with her because she had sort of painted a diff. picture of the whole situation & he had seen & heard my daughter wanting to see her dad.
He subsequently says that the ex is no longer going to contest with the order but theres nothing she or anyone can do about it until its up again mid august BUT until then she is still going to adhere to the order 100%.
Its now 6weeks since I've seen my daughter & I feel so helpless.I'm after advice on where to from here.I just don't feel that I am getting the whole truth from the other sides.I know some will say hold on its only 3 more weeks til court
Even with no IO in place I just know she will resort to "shes with me & thats it " attitude.She blocked last mediation with her "victim" cards & will do again as it seems her dead set belief that I should just accept 2 hrs every saturday & thank her for that!!She's incapable of sitting down with me & rationally & fairly coming to agreement.So I'm supposing I've got to lodge something with the family court using this 601 certificate.Is it best to wait until this IIO is lifted/denied or not?
Sorry for length of this I just wanted all info. in it from start.
Thanks for reading & any advice offered.:thumbs:
In regards the AVO I would contact a barrister by the name of Mario Licha - he is top dog in AVOs and does get costs awarded against the police. Make sure you tell him that you are in SA.

Mario -guiltynotguilty@live.com


I think you are best to file. Your partner has already set a course of events in place which leaves you with little option.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Thankyou very much for passing his info. on . I shall chase that up.
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