VIC applying to vary intervention order

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Jamie27

Well-Known Member
9 April 2020
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Thanks Atticus - will let you know how it goes
got the kids off the order which is great. Magistrate wouldn’t throw the whole thing out because ex-wife wasn’t there to give her side. Solicitor’s view is to push ahead with contest so there’s now a directions hearing in October. I know Sammy will tell me off for spending money on this.
 

Atticus

Well-Known Member
6 February 2019
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got the kids off the order which is great. Magistrate wouldn’t throw the whole thing out because ex-wife wasn’t there to give her side
Great you have kids names removed .... BUT, i must admit to being fairly confused now as to what is going on.... What exactly was today's hearing about then?... To vary the order? ... I thought it finished today ..

A new application to extend that the applicant didn't even bother showing for? .... So you now have an interim order? Confused!
 

Rod

Lawyer
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27 May 2014
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Sounds like an application to vary was made, possible combined with a mention.

Hopefully you asked for further and better particulars.
 

Jamie27

Well-Known Member
9 April 2020
48
1
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It was an application to extend the exisiting order which was due to expire tomorrow. She didn’t have to show up. Police managed it for her. I have to again say that what a crap system it is that allows a person to throw out allegations without having to answer a single question that then turns someone else’s life upside down again and again and potentially cuts them off from their kids.

I Now have an interim order without the kids on it until we get to the directions hearing.

Given she has no witnesses or evidence about her claims in this intervention order it won’t be a long hearing. Hopefully we can get a deal done there.
 

sammy01

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27 September 2015
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Nope mate. Maybe $ well spent this time. Sadly I reckon u are gonna have a family law scenario where u are having to show that she is alienating u from the kids. That is how I'm reading this application to extend the avo.... worth fighting to help show how she is abusing the system.

Remind us. Where are u at as far as getting time with the kids
 

Jamie27

Well-Known Member
9 April 2020
48
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Hi Sammy - currently ever second weekend from 7pm Friday to 5pm Sunday. It's as workable as I can make it at the moment given I'm living a long way from them. I am aiming to move back up in their direction soon, and am anticipating that the time will increase when I do. I was also having three facetime calls a week. The best bit about having their names off the order is that we can now text and call whenever we like. I've never heard kids so happy to get a phone call.
 

Atticus

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6 February 2019
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should have added that police aren't applying for the extra 12 months - she's doing it off her own bat
It was an application to extend the exisiting order which was due to expire tomorrow. She didn’t have to show up. Police managed it for her.
So in spite of the police making naught of complaint back in March, they are supporting her extension (at taxpayers expense) & taking up police & court resources better spent on actual DV victims .... Yep, sounds about right .... She knows how to use the system & the cops as tools! DEEEP breath. count to 10.... think about your kids off the new order... That was probably her ultimate game-play & she lost.. 😤
 

Jamie27

Well-Known Member
9 April 2020
48
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I’m pretty keen for her to be questioned in court over these claims - ie claiming google searches which clearly didn’t take place on the computer because I wasn’t even in the home having been booted out 11 days earlier... claiming the girls were “unsettled” after visits with me. I’ve seen them 3 times since getting the boot - on the first the youngest was upset because she didn’t want to leave me, the second time everything was cool, the third time the girls found out their great grandmother had died as I was on the way to drop them off so they were naturally upset. It’s ridiculous.

To top it off I received a letter from her solicitor while I was at court asking me to pay half the mortgage!! The total repayments are less than what it would cost her to rent a place. Talk about a sense of entitlement.
 

sammy01

Well-Known Member
27 September 2015
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Ok so a little bit of $$ thrown at solicitor is a good idea. Sadly, you cant self represent in AVO's because you cant directly question your accuser. Funny that. One of the basic principles of law gone because were assuming all applicants are victims.

Don't pay her mortgage - hell no. And get back close to her town asap (maybe wait till the avo thing is sorted).

You're doing well mate. Just keep going
 

Atticus

Well-Known Member
6 February 2019
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Sadly, you cant self represent in AVO's because you cant directly question your accuser
Came into affect last September, but I'm *fairly?* sure it only applies to family law proceedings (so far) where there are allegations of DV ...