VIC Contest Interim Intervention Order

[Jason Blunt]

We resided in Qld - Myself and my Ex took on 2 young foster children (my sister's) late in December last year, we already had a 3rd from 12 months earlier, plus our only child. Christmas Day things began to fall apart.

April the 4th my Ex left the relationship with our son (8 years) and went to her family's home in Mildura. I began a Family Law Recovery Order (Qld) on the the 11th of April.

On the 12th Queensland Child Services were contacted by an anonymous caller stating I throat slam the three remaining foster children, deny them food and water, choke them out etc, etc, etc.

I was fully investigated, interviewed children interrogated - children remained in my care.

On the 14th of April an Application for Intervention Order was commenced by my Ex against me - I yell, scream, threaten, push, hurt pets, control resources, deny friends, threaten children. I was served an Victorian Interim Order though I live in Queensland on the 9th May leaving me 12 days to appear in Melbourne court.

On the 10th of May Queensland Child Services arrived at my home with the police and removed the three foster children I had in my care. I believe because of the Victorian Interim Order.

I plan on contesting the Intervention Order, there exists no criminal violence in our 18 year relationship, no drugs, or alcohol abuse, no mental health issues, YES there was a LOT of stress and friction of late, and it could have been handled better. I have not seen my son in 5 weeks. I have only been allowed to speak to my son once. If this order goes through I will not be allowed near any of the four children for five years.

Obviously I need help - all help will be appreciated.

 

[sammy01]

Ok so what is priority? Getting foster kids back?
Getting the ex to return to QLD?
BTW can you relocate yourselft to Mildura?

Mate, folks on a site like this can only offer some advice. You're gonna need some serious $$$ to spend on solicitors. My first thought would be to contact a solicitor in Mildura. Do a google search, look for someone that specialises in family law. I am guessing you have a solicitor in QLD? what advice have they given?

 

[Migz]

DO NOT CONSENT....TAKE IT ALL THE WAY TO TRIAL. The police must then produce a full court brief, as for a copy of the "victim impact statement", so you can start preparing against the bullsh1t allegations. What is happening with the Recovery Order? You need to stay on top of this and possibly file your "Initiating Application" (Family Law)...its on the Federal Circuit Court website

 

[Jason Blunt]

Ok so what is priority? Getting foster kids back?
Getting the ex to return to QLD?
BTW can you relocate yourselft to Mildura?

Mate, folks on a site like this can only offer some advice. You're gonna need some serious $$$ to spend on solicitors. My first thought would be to contact a solicitor in Mildura. Do a google search, look for someone that specialises in family law. I am guessing you have a solicitor in QLD? what advice have they given?

Thank you for responding Sammy01

Upon careful consideration, I am leaning towards offering an Undertaking - that I will relinquish any and all rights over our child that she can have him 100% and I not have any access other than a weekly phone call. We will sell up the family home and go 50/50. I am no threat to her all my child (not that I ever was) as I live 1800 kms away and have no desire to move to Victoria especially Milldura.

This way the Intervention Order is withdrawn and I can begin the process of getting back the three foster children.

I have no solicitor, I have no resources, I can not fight this from two states away. I will be talking to Victorian Legal Aid again on Monday 13th where eight days latter I will appear in court.

 

[Jason Blunt]

DO NOT CONSENT....TAKE IT ALL THE WAY TO TRIAL. The police must then produce a full court brief, as for a copy of the "victim impact statement", so you can start preparing against the bullsh1t allegations. What is happening with the Recovery Order? You need to stay on top of this and possibly file your "Initiating Application" (Family Law)...its on the Federal Circuit Court website

Thank you for responding Migz

The Recovery Order is awaiting Qld Legal Aid Grant assistance - it should be decided some time this coming week.

The problem with going to trial, as I do believe I have a reasonable chance of counter arguing these allegations, is the Intervention Order remains in place meaning I can not hold a "Working With Children's Card" therefore my Nephew and two Nieces remain in the custody of Queensland Child Services until the final hearing, possibly 12 months away.

 

[sammy01]

Forget the undertaking.
Forget a phone call once a week. You should expect at least half holidays.
And asset division is done based on a range of factors, her being the primary carer will mean she should get more than 50% of assets.

Look fighting this is one option. But by the sounds of things you don't have the financial resources or the emotional strength right now.... You can accept without admission. This should not impact on the working with children. BUT please check this, don't just take my advice.... I know a few yrs ago I had an AVO against me in NSW. I accepted without admission and it did not effect my employment as a school teacher.

Do some leg work yourself. Contact the court house where you're due to appear for the AVO ask if they can direct you towards some advice.

My concern about fighting the avo is that until you get a final hearing, the interim order will remain and you won't be able to do anything regarding the foster kids. It could take close to a year to finalise the thing. So even if you win, you'll still have the avo hanging over you all that time.

I hate to say it but it is likely QLD will not give you legal aid once you have an avo against you. Mate the system is not designed to be fair, equal or just. You have a tough road ahead so get as much emotional support around you. Go see the doctor if you're struggling. This is a s**t fight and I'm so sorry you've found yourself in this situation.

 

[Jason Blunt]

Forget the undertaking.
Forget a phone call once a week. You should expect at least half holidays.
And asset division is done based on a range of factors, her being the primary carer will mean she should get more than 50% of assets.

Look fighting this is one option. But by the sounds of things you don't have the financial resources or the emotional strength right now.... You can accept without admission. This should not impact on the working with children. BUT please check this, don't just take my advice.... I know a few yrs ago I had an AVO against me in NSW. I accepted without admission and it did not effect my employment as a school teacher.

Do some leg work yourself. Contact the court house where you're due to appear for the AVO ask if they can direct you towards some advice.

My concern about fighting the avo is that until you get a final hearing, the interim order will remain and you won't be able to do anything regarding the foster kids. It could take close to a year to finalise the thing. So even if you win, you'll still have the avo hanging over you all that time.

I hate to say it but it is likely QLD will not give you legal aid once you have an avo against you. Mate the system is not designed to be fair, equal or just. You have a tough road ahead so get as much emotional support around you. Go see the doctor if you're struggling. This is a s**t fight and I'm so sorry you've found yourself in this situation.

Thank you for responding Sammy01

OK mate I will forget the asset division and forget about Qld Legal Aid Assistance with respect to the Recovery Order. But why forget about the Undertaking?

My son is now 1800kms away - and my 3 foster kids are local - My son will be fine without me for a year or so, but the three foster children are all alone and I miss them all terribly.

I desperately need this Intervention Order withdrawn so I can begin the process for reuniting the three foster children, I am no threat whatsoever to my Ex or our son residing 1800kms away. And even if I get access to my son I live to far away to visit him anyway.

 

[GlassHalfFull]

My take is that once Child Protection (or whatever the name of it is in QLD) get on your case, they won't necessarily give you back the foster kids just because the intervention order is withdrawn. Once they think you're a risk, they're like a dog with a bone and won't take a reasonable balanced view. At least that's been my experience with them.

And it might be that (like me) your only real avenue of attack is the family court, but it will probably take time. Really what you need is professional legal advice though. We can give you our opinion and our advice, but it's no substitute for professionals, especially when it gets messy.

 

[IoM]

Thank you for responding Migz

The Recovery Order is awaiting Qld Legal Aid Grant assistance - it should be decided some time this coming week.

You can't give up your son mate, regardless of the financial cost, you just can't do it mate. I've sold half of my belongings just to keep my lawyers happy, because at the end of the day, my child, who I have not seen for 1yr, would have no idea why she can't see her Dad, bearing in mind that I had 50/50 shared custody, so our relationship was strong, fun and loving. If you had that kind of relationship with your son, don't give in to the financial stresses, find a way to get him back in your life mate, don't give up on your son.