QLD DVO Claim While Undergoing Parenting Case?

[AllForHer]

It's my understanding that matters in a State Court are not necessarily brought to the attention of the Federal Court internally, but in family law proceedings, the parties ordinarily notify the Court of such an action by filing a Notice of Risk form and/or raising the matter on an affidavit.

Will it impact progress of family law proceedings? That's not something we can really answer because it depends heavily on the judge and the surrounding evidence.

 

[Rod]

Courts do not swap case information automatically.

It is a responsibility of the parties in a family law case to bring state based court action between the parties to the attention of the family court.

 

[Thefactsonly]

Thought I would update and gauge some more help. No DVO at present, still all 'hearsay' that it's going to be served. So whilst nothing happens, then nothing changes really.

Minimal communication between parties anyway. And all very 'selfish' if that is the right word - poor me/pity me/my poor children, etc. Children still doing alternate weekends, however, now just turned 12 years old and not attending (hasn't for past year). Reasons of anxiety according to the psychologist/psychiatrist.

What happens at next directions? More directions on time with kids? Could 12-year-old be made to do weekends? Other party now claiming DVO is needed due to the anxiety and depression the past communication had. Apparently only coming to terms with it now (This if from a mutual friend's information... secondhand obviously).

Any help?

 

[AllForHer]

Have you participated in a family report as yet?

 

[nat 2015]

From what I am learning is that the 12-year-old will have some say, and the judge will take the views of the child into consideration.

 

[sammy01]

12 years old is a myth...
Parenting cases - the best interest of the child - Family Court of Australia

The legislation states 'the views' and 'maturity of the child'm nothing about 12 years old being a magic number... So the maturity of a 12-year-old might have greater weight than an 8-year-old... And a 16-year-old even more so than the 12-year-old...

Sadly, my poor 11-year-old has been convinced that come April, when the child turns 12, she can go and live with the other parent... Poor kid is struggling because the other parent communicates as if it is taken for granted that the child would prefer to live with the other parent than with me. Not looking forward to sending the kid after she turns 12. I can't help but worry that the other parent isn't gonna return the child because the other parent is gonna claim that the child doesn't want to live here... So much fun...

But your main concern should be accusations of violence as a history of family violence is a first tier consideration... That said AVO's are so bloody common in family law that an AVO alone should not have any impact on the case IMO.

 

[Thefactsonly]

Yes had a family report - but it's now a year old so not sure if it will need to be redone.

We I wouldn't think there is any magical age that things just work out. The 11year old is quite aware of his own wants and desires but the younger one most certainly has his mind set and good luck trying to change it.

Sammy I feel for you in dealing with a circumstance you already know will cause you issues. What would happen if the mother didn't return child? Would you be directed back to court?

In my case I am still trying to work out the benefit of The other party havering a dvo.

 

[sammy01]

Mum doesn't return child? Urgent recovery order... My situation (like every other) is complex... I'm not a doctor, or a psychologist., so I don't diagnose. But my ex is a nutter. 11 yr old has asked me to talk to mum about NOT discussing living arrangements. So I sent the ex a nicely worded email, including links to the same website I linked above... I suggested that if she wants to tell the kids that they can choose to live with her when they turn 12 THEN they surely can choose NOT to visit in the holidays. (she didn't like that one)... 11 yr old knows she is better off in the stable environment here... She knows that mum moves house every 6-12 months and often to a new town... So 11 yr old won't be expressing an opinion that she would rather stay with mum....

BUT down the track if one of the kids says they want to live with mum then off they go with an understanding they can be back here when ever they want. I would not bother applying to court for at child who is 16 and chooses to stay with mum...

As far as the AVO / DVO... I do think they are of limited benefit in family law in the long term... So IF the kids are protected people it means you can't go and pick them up from school and just keep them. Because without court orders or an AVO there is nothing stopping you... So it is a handy bargaining chip... My ex could control when I saw the kids because of the avo... But it was only temporary... An AVO can also possibly? help in getting legal aid funding or other govt funded support schemes... But I reckon in my case at least the AVO was not a bad thing... It meant I was not allowed to talk to her and I liked not having to hear her...And it meant I knew I was in for a battle... I have a mate who has some nice letters from his ex. Stuff about how she would never stop him seeing the child... blah blah... He fell for it and let her move 3 hours away and he rarely sees his kid... The avo meant I was not subject to any of that emotional bribery nonsense....

 

[christo9999]

no point contesting the IVO magistrate will grant an interim order anyway with nil evidence