VIC Breach of AVO - Contravention of Parenting Orders - Application to Vary Parenting Orders

[Lonelyrider]

I agree... Sounds like your lawyer has this

Was her lawyer funded by legal aid?.
If she is going to seek an adjournment she should do so as soon as practicable. I imagine your lawyer will oppose it, at which point it's up to the court.

nopes. She had a private lawyer. He focuses more towards crimanal law, hence he tries to work things through magistrates court not in family courts.

 

[Lonelyrider]

She having the parenting orders suspended using 68r in magistrates court, does that impact on my hearing in anyway in family court?

will the magistrate in family court be more cautious in making any decisions on interim basis?

 

[Atticus]

She having the parenting orders suspended using 68r in magistrates court, does that impact on my hearing in anyway in family court?

68R is part of the DV reforms to the family law act that I mentioned earlier... There were concerns that these sorts of applications to suspend or vary existing parenting orders via the magistrates court were open to abuse & would ultimately lead to a bigger workload through an already overworked magistrate court.... Sure there may be a need to have an existing parenting order suspended or varied in some cases where it's actually warranted, but this is the second of such suspensions I have seen just on this forum, & both seem petty, vexatious & unwarranted..

Mate, we here can only guess how this will be treated by the family court judge....Unfortunately as always with this DV orders abuse racquet, you will have no recourse to get justice for being dragged back to court on a bunch of rubbish or a childish whim...That said, from what you have written here, I think you should have every confidence in your solicitor to have this crap addressed at the interim...

 

[Lonelyrider]

unfortunately, the whole case has been transferred to family court of australia.

i am devastated and i vant see my son any longer.

My ex wife breached me for 6 more breaches dating back one year.
I was released on bail and i had a panic attack... i called my ex wife breaching my bail.

i think i will be remanded and put into jail.
I am broken.

I dont know when would be my next court hearing for my court date.

further my ex is only insoating on doing a supervised visit through a professional center which is charging $110 per hour.

i also have a variation of ivo hearing where my ex got the orders suspended.

should i seek variation of that suspension?
Or should i contest?

 

[Atticus]

unfortunately, the whole case has been transferred to family court of australia.

I assume you mean it's been transferred from the Federal Circuit court?.... For what reason?

My ex wife breached me for 6 more breaches dating back one year.
I was released on bail

Don't be specific, but what is the nature of the breaches.... electronic communications, stalking, turning up her house??

i also have a variation of ivo hearing where my ex got the orders suspended.

should i seek variation of that suspension?

I thought that was what this thread was about. Seeking a variation to the interim IVO & the Section 68R suspension in particular? Why would you not go ahead with that now.

 

[Lonelyrider]

fcc believes that the matter was complex for it to handle. So the court transferred the jurisdiction to family court of australia.

as there were more allegations for family violence


New Breaches that i am being charged for are

2 breaches of IVO for attending her house
2 un lawful assault
1 criminal damage

1 contacting her (yet to be charged)
1 criminal conspiracy for murder(yet to be charged)

 

[Atticus]

Clearly these breaches of the IVO are significant & serious...your original postings suggested a much different picture... Mate, these matters are way beyond what anybody on a forum can guide you with.... If you are being charged with criminal offenses that carry more than a 12 month prison sentence then I believe you should be provided with a legal aid lawyer if you don't or are not able to afford to be represented...

Obviously this puts the whole S68R suspension in a new light... You mentioned in an earlier post that your parents have volunteered to supervise your time with kids... IF you have NEVER been in trouble or accused of physical harm towards the kids, then if it were me, I would be seeking that variation under supervision & see how it goes.... And I know I have suggested this multiple times already, YOU NEED PROPER LEGAL ADVICE & representation to give yourself any chance at all IMO..

 

[GlassHalfFull]

Just to make a minor observation.. unlawful assault and criminal damage are not merely a breach of an IVO, they're actually criminal offences in and of themselves regardless of whether there is an IVO in place... And that's not even mentioning conspiracy to murder... wow.

Also, in your original post, you said that you consented without admission to the IVO and listed just 3 conditions.. 1. No Family violence 2. No going to her house. 3. Complying with family court or written agreement. The third sounds like an exception to the conditions rather than a condition...? But in any case, it does sound like you've screwed up big time by breaching the no going to the house (unless that was allowed by the family law orders?), and if true, the threat to murder as well. I guess that's stating the obvious and there's no point beating a dead horse but you really should have taken the IVO seriously and backed off on communication with your ex. I know first hand how frustrating it is, but you really have to let things play out legally once the ball starts rolling. Making threats or trying to take things into your own hands is just going to make a bad situation worse once an IVO is in place.