VIC Family Court Order vs IVO - which one trumps?

[Muxaul]

I guess if I am going to contest anyway, might as well launch the LRO as there may be a slim chance the IVO can be struck out

In first mentioning hearing, when you say that you are going to contest your IVO, I wonder if telling the magistrate that you have also applied leave for LRO would make the magistrate think about your case twice and increase your chance of changing the condition to at lease let you see your child. I again do not see any harm doing this personally. And I think this would only make your contesting position even stronger.

Any thoughts or comments on this is welcome.

 

[Atticus]

Any thoughts or comments on this is welcome.

Saw the free legal service today. She recommended pursuing to vary the order first and to contest. LRO can come later if contest is successful, as we don't know what evidence will be produced.

Yep... I think he should keep it as simple as possible & go with the only professional legal opinion that has been given on the matter ^^^^^

 

[kimbapuppy]

To my surprise, the LRO and IVO are treated independently of each other. I should have lodged the LRO earlier.

 

[Complex16]

To my surprise, the LRO and IVO are treated independently of each other. I should have lodged the LRO earlier.

Have you considered obtaining transcripts from the previous court attendances? Especially the one where you say she acknowledged no FV and no risk to the children? Could be $$ well spent if that's the case...

 

[kimbapuppy]

Havent seen or spoken to my kids for over a month now. I have a family report dismissing the family violence allegations. To be frank, the court doesn't care. I have learnt the court system is really a money making machine for lawyers and report writers, and the family law says it is about the interest of the kids but so far, this has not been the case.