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Contravention of Consent Orders

My husband has current consent orders regarding the shared care and parental responsibility for his son.

His ex-wife has contravened the orders in the area of the parental responsibility - education, name etc, and also in the requirement of the orders for her to complete a parenting course. (See post #52378 for more info).
She has also refused to respond to communication, (communication book and registered mail - returned to sender).

He has contacted Interrelate regarding mediation, but there is at least a 2 month waiting period. Also the person he spoke to at Interrelate said that she was not sure if mediation would be able to go ahead as there is an AVO on the ex wife in which my husband is listed as a protected person.

Now we are wondering if he has to attempt mediation at all, or if he can apply for an exemption due to family violence?

Last time around at court he had a solicitor, but as we are still paying off the bills from that and SSAT hearing he is reluctant to rack up any more debt with them and is considering self representation.

The definition of Family Violence under the FLA S 4AB(2)(d) includes 'repeated derogatory taunts', which in essence is what the AVO is intended to protect my husband from.

The AVO is a Final Order, naming my husband, myself and my 2 daughters as protected persons.

It contains the standard order 1 (a)(b), and the additional orders as below:
3. the defendant must not enter the premises at which the protected persons may from time to time reside or work.
7. The defendant must not approach or contact the protected persons by any means whatsoever except through the defendants legal representative, or as defined in an order under the Family Law Act 1975.
13. The defendant must not telephone the protected persons by any means whatsoever except through the defendants legal representative.

So, I guess the question is - Does he need to attempt mediation, or should he just go and make an application for an exemption and a contravention in the FMC?

We would be grateful for any advice.

A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
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