QLD Divorce without custody orders

[Quanyin]

hi I am seeking a divorce application and we have a 6 year old. There was a long history of family violence towards both myself and children from him with the Dvo due to expire in September.
She has not seen her father for 2 and a half years now as he has not taken any court action after failed attempts at mediation. I am not entitled to legal aid for custody application and have been waiting on my ex to take court action.
I am fearful my application for divorce will be denied because there is no court orders for custody in place.
He Is in a new relationship and his 16 year old daughter recently fled his custody due to him being violent towards her and his girlfriend.
She has been hiding from him at a friends place until the start of July when she relocated to her aunts house to live.
His 16 year old has confided to me that she came home to "his crack pipe left on the bench" and believes they are both using drugs.
I am really scared that I am not going to be able to get a divorce and move on safely.
please help me as I'm running out of time because of Dvo expiration and I need to feel confident I can lodge my application.
Thank you.

 

[Rod]

there is no court orders for custody in place.

This will generally not stop the divorce. You have cared for your daughter and undoubtedly will continue to do so. Just make sure you application addresses the care of your daughter.

 

[SamanthaJay]

Just to let you know, you are able to apply for an extension to the DVO. I'm in Victoria and recently had an order extended for another 2 years.

 

[sammy01]

ok so why did mediation fail?
Look yep you can try and get the AVO extended... Good idea? only if he is continuing to harass you. IF not, let sleeping dogs like... You will get the divorce without court orders around child access

 

[Quanyin]

Just to let you know, you are able to apply for an extension to the DVO. I'm in Victoria and recently had an order extended for another 2 years.

I havent had any incidents for 2 years now my last application was an extension so i dont think it will be plausable but thank you.

 

[Quanyin]

ok so why did mediation fail?
Look yep you can try and get the AVO extended... Good idea? only if he is continuing to harass you. IF not, let sleeping dogs like... You will get the divorce without court orders around child access

Mediation failed as we couldnt agree on an outcome. I did not feel she would be safe unless it was supervised visits.