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Family Court Orders and Magistrates Court

Hi All,

I am about to go to magistrates court to fight an DVRO. I was told by a cop that if I lose I will no longer have contact with my children  (even though the DVRO is based on lies and I have FC orders in place for 18 months). Is this possible??

Any advice on this would be greatly appreciated as it is keeping me awake at night  :(

Thanks

SR

Can a domestic violence order affect access to your children.

sr,

This is possible,

Is there a 68R clause in the violence order? This gives the magistrate power to suspend the family court orders.

Are your children named as PINOP's in the violence order? If not your access to your children should be fine, In most cases the Family Court Order overrides the violence order, that is, for the purpose of communication with the children.

Hi Monaro,

There certainly is no evidence of violence only email contact about childrens concerns (apparently that is abusive!!). The order does list the children as PINOP.

I dont have the order in front of me. What is a 68R clause?

SR
sr,
Then in your case a section 68R is highly unlilely,
This is an extract from an actual violence order saught by the Police;

The applicant requests that the courts exercise the powers confered under s68R of the Family Law Act to vary, discharge or suspend an existing family law order, injunction or arrangement on the grounds that it has exposed, or is likely to expose the protected person(s) to Family violence. FLA s68R.5.c  

I would suggest that you do your best to ommit the children from the violence order,

                                                      DO NOT ACCEPT IT, FIGHT IT ALL THE WAY ! :ninja:

Yeah,

She has tried everything to "suck me in" including sending the kids to school in old/ripped clothes and stopping them from calling me on the phone.

SR

SR you say you have FC Orders in place for 18 months and she has stopped the children calling you on the phone.

Are the calls pursuant to the (FamCA) Orders or extra contact the children initiated? If pursuant to the Orders, why have you not taken the contraventions to the FC to deal with?

I wonder if her phone records would show contact initiated from her side to raise doubt about any claimed fears, it would be hard to prove the children made the calls unless you had diary notes of each and every call.

How you said, what you said, in the e-mails could be read as threatening or abusive, it depends on the persons point of view and what they want to read into the words you have used. So often we say something without meaning any offence but because the other person is looking to be offended or is being abusive/offensive they see offending behaviour/words due to that is their way.

Good luck and be careful how you word things in future.

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