QLD Parenting Trial Before Domestic Violence Hearing?

[Complex16]

Hi all,

So my parenting trial before the Federal Circuit Court is this week, yet judgement from the Domestic Violence hearing is to be delivered until approx 2 weeks after.

Original order was consented to without admissions and I made an application to vary to extend the order. It went to final hearing. I’m being told the outcome isn’t relevant and the parenting trial shouldn’t be adjourned pending the outcome of the DV hearing.

Just wondering if this sounds right?

TIA for any info or insight...

 

[sammy01]

Yep, sounds right to me. So there is always a clause in Domestic Violence stuff that means that family court orders take priority. So let's assume you're the applicant in the AVO. You would still be expected to follow the family court orders made in family law. Clearly the family law court magistrate is aware that thee is an AVO or there has been an AVO and will make orders with that as part of his consideration.

 

[Complex16]

yep sound right to me. So there is always a clause in DV stuff that means that family court orders take priority. So lets assume you're the applicant in the AVO. You would still be expected to follow the family court orders made in family law. Clearly the family law court magistrate is aware that thee is an AVO or there has been an avo and will make orders with that as part of his consideration.

Ok thanks Sammy! It can all just be so confusing.

 

[Rod]

So there is always a clause in DV stuff that means that family court orders take priority.

I'd be checking with your lawyer. This is not the situation in Vic if the IVO involves children. If the children are not on your AVO then there is no issue.

 

[Complex16]

I'd be checking with your lawyer. This is not the situation in Vic if the IVO involves children. If the children are not on your AVO then there is no issue.

My son is a named person on the protection order

 

[Rod]

Talk to your lawyer about the QLD AVO laws and how they interact with the Fed family law.

 

[sammy01]

It does not matter. It sounds like you want someone here to give you the answer you want. Sorry. I'll give you the answer that is right. Let's play the hypothetical. Dad has an avo against him. He can't see his kid until it expires? In QLD that could be 5 years.

Let me be clear here. Family Law court orders over-ride the AVO. Frankly, find some other way to keep the kid away from dad because the law doesn't support you on this one. BTW dad accepted without admission. So there is no proof that dad is any risk to the kid or you.

U'm how long has it been since dad saw the kid? How would you go if you didnt see your kid for that length of time?

With respect Rod, I disagree. Family law is Federal law. Federal law the big house in Canberra always wins over state laws....

 

[Complex16]

It does not matter. It sounds like you want someone here to give you the answer you want. Sorry. I'll give you the answer that is right. Let's play the hypothetical. Dad has an avo against him. He can't see his kid until it expires? In QLD that could be 5 years.

Let me be clear here. Family Law court orders over-ride the AVO. Frankly, find some other way to keep the kid away from dad because the law doesn't support you on this one. BTW dad accepted without admission. So there is no proof that dad is any risk to the kid or you.

U'm how long has it been since dad saw the kid? How would you go if you didnt see your kid for that length of time?

With respect Rod, I disagree. Family law is Federal law. Federal law the big house in Canberra always wins over state laws....

Not at all, you answered my question and I thanked you for it. I then answered Rod’s. Me stating that I find it confusing isn’t by any means me trying to elicit anything other than what you all know to be the case?

 

[sammy01]

Yep, look all apologies. Often enough people here do seem to be fishing for a way to keep a kid away from the other parent.
Family law is federal law. It over-rides state law.
In your family law trial you can inform the judge that an AVO hearing is pending. Magistrate can make the call on what he/she wants to do with that information.

Let me ask a question or two.
How much time does dad currently have with the kid per fortnight?
How much is he asking for in court?
How old is the kid(s)?

Might be best to seek consent orders and prevent the trial? Are you self represented? How much money to you think you're gonna spend on the trial?

 

[sammy01]

I thought I'd find you some reliable info. Punters here like me are just that punters
AVOs and Family Law
I chose that one just because there was less reading. But it is NSW.
Here is a link from a QLD specific site.
QLD ~ Protection Orders
Sroll down to "Protection orders and contact orders"

And you'll find the same applies. WHY? because federal law, which included family law, trumps state law, which is stuff like AVO''s