I'm currently in the midst of a family court dispute in Victoria with my former partner in regards to our 3 year old daughter.
Interim orders were made for me to have access with our daughter every fortnight however my ex has refused to comply with the orders. She attempted to get a stay of the orders which was dismissed while she also attempts to appeal the interim orders due to an Ivo that I agreed to without admission as suggested by my lawyer that were made before the family court proceedings started and end only 2 days after final orders are set to be made. While I was told that the Ivo would have no bearing on the family court matters nothing could have been further from the truth.
I had for 6 months attempted to fight the Ivo however due to costs and a court muckup on the day that meant I looking at having to have it adjourned once again and moved to a later date finally accept without admission . It's proving quite easy to prove the allegations false due to subpoenaed material and other evidence however have to wait till the final hearing.
My problem is that she is now claiming a section 68r in an appeal due to the Ivo and using that as an excuse do not comply with the current interim orders. The appeals set for a few weeks with the final orders date 3 weeks later. In her appeals she basically states that the judge made the wrong decision due to the Ivo etc.
From what I understand the section 68r says that because there is an Ivo in place with my daughter named also that the family orders contradict it and therefore they conflict with with each other.
What should I expect? What can I do? And am I reading the section 68r correctly in which case due to the Ivo the interim family orders and possibly final orders can be ignored or overturned due to this conflict and that while she has an Ivo order will be impossibly unless at a supervised Centre which is what shes asking one day a month for 2 hours?
Not sure if it matters but so far the family report was in my favour as well as our daughters icl supporting our case both in the interim orders and in dismissing the stay.
At this stage my ex has contravened the orders for 3 months in which time I have had no contact with my daughter whatsoever. Should I apply to the court for contravention of orders or wait until the appeal is done and possibly final orders. I have not done so already due to the stay and excuses of sickness etc
Thank you for your time.
Interim orders were made for me to have access with our daughter every fortnight however my ex has refused to comply with the orders. She attempted to get a stay of the orders which was dismissed while she also attempts to appeal the interim orders due to an Ivo that I agreed to without admission as suggested by my lawyer that were made before the family court proceedings started and end only 2 days after final orders are set to be made. While I was told that the Ivo would have no bearing on the family court matters nothing could have been further from the truth.
I had for 6 months attempted to fight the Ivo however due to costs and a court muckup on the day that meant I looking at having to have it adjourned once again and moved to a later date finally accept without admission . It's proving quite easy to prove the allegations false due to subpoenaed material and other evidence however have to wait till the final hearing.
My problem is that she is now claiming a section 68r in an appeal due to the Ivo and using that as an excuse do not comply with the current interim orders. The appeals set for a few weeks with the final orders date 3 weeks later. In her appeals she basically states that the judge made the wrong decision due to the Ivo etc.
From what I understand the section 68r says that because there is an Ivo in place with my daughter named also that the family orders contradict it and therefore they conflict with with each other.
What should I expect? What can I do? And am I reading the section 68r correctly in which case due to the Ivo the interim family orders and possibly final orders can be ignored or overturned due to this conflict and that while she has an Ivo order will be impossibly unless at a supervised Centre which is what shes asking one day a month for 2 hours?
Not sure if it matters but so far the family report was in my favour as well as our daughters icl supporting our case both in the interim orders and in dismissing the stay.
At this stage my ex has contravened the orders for 3 months in which time I have had no contact with my daughter whatsoever. Should I apply to the court for contravention of orders or wait until the appeal is done and possibly final orders. I have not done so already due to the stay and excuses of sickness etc
Thank you for your time.
