I am writing on behalf of my partner. Her ex-husband is getting out of Jail soon and she is worried he will immediately seek to access their children. They are aged 4, 12, 16. He was convicted of child sexual abuse and child pornography. The police don't care and wont allow her to apply for an AVO. She was told she might not even get one via the courts. I find this unbelievable. How damaging allowing him access would be to the children. We are desperate for advise. How can we prevent any contact with her and her kids?
NSW Preventing contact of ex husband after prison release
- Thread starter Chris Smith
- Start date
He has done the time....
But - firstly, he would have to contact you guys, organise mediation, If you come to an agreement GREAT. I'd suggest supervised visits with a 3rd party supervising.. If you can't come to an agreement, then he would have to apply to court and convince a magistrate that he should spend time with the kids... Magistrate will look at all the factors that need consideration and make a sensible decision...
How long was he in jail ofr? did the abuse relate to these kids? The answer to those questions is gonna make things interesting..
But - firstly, he would have to contact you guys, organise mediation, If you come to an agreement GREAT. I'd suggest supervised visits with a 3rd party supervising.. If you can't come to an agreement, then he would have to apply to court and convince a magistrate that he should spend time with the kids... Magistrate will look at all the factors that need consideration and make a sensible decision...
How long was he in jail ofr? did the abuse relate to these kids? The answer to those questions is gonna make things interesting..
The reason the police won't give you an AVO is because it doesn't meet the legal requirements that validate a need for an AVO. The ex has been in jail, so not exactly positioned to act in such a way that would cause your partner fear or intimidation, is he?
On top of that, AVOs from a state Court don't stop parents from seeing their kids. Parenting orders from a federal court do.
If he asks to see the kids, and there are no parenting orders in place, she is at liberty to refuse or to put conditions in place, such as supervision. He is at liberty to refuse those conditions and apply through the Family Court for parenting orders. It's there that mum can make the case for it not being in the best interests of the kids to have a relationship with dad.
In the meantime though, it's best to wait and see if dad actually seeks contact. He may not bother.
On top of that, AVOs from a state Court don't stop parents from seeing their kids. Parenting orders from a federal court do.
If he asks to see the kids, and there are no parenting orders in place, she is at liberty to refuse or to put conditions in place, such as supervision. He is at liberty to refuse those conditions and apply through the Family Court for parenting orders. It's there that mum can make the case for it not being in the best interests of the kids to have a relationship with dad.
In the meantime though, it's best to wait and see if dad actually seeks contact. He may not bother.
The system is disgusting. Yes he abused his child who may well be forced to see this monster. Those who support this system can go to hell
You're not even in 'this system' yet, mate, so not exactly qualified to have much of an opinion about it, are you?
In any case, I don't really see what's disgusting about a system that doesn't facilitate parent-child contact if said parent poses an unacceptable risk of harm to said child through abuse, neglect or violence. Are you upset because severing a parent-child relationship is not as simple as signing a form at the local cop shop?
If it was that simple, how many kids do you think would be growing up without two loving and capable parents just because one of them is bitter and angry about the divorce and signs an AVO out of revenge?
Criminal parents are bad. Parents who oust the other parent for vindication are also bad. Family law protects kids in both situations, not just the former. I think that is a better system than one which assumes a parent is a risk just because the other files a template AVO.
In any case, I don't really see what's disgusting about a system that doesn't facilitate parent-child contact if said parent poses an unacceptable risk of harm to said child through abuse, neglect or violence. Are you upset because severing a parent-child relationship is not as simple as signing a form at the local cop shop?
If it was that simple, how many kids do you think would be growing up without two loving and capable parents just because one of them is bitter and angry about the divorce and signs an AVO out of revenge?
Criminal parents are bad. Parents who oust the other parent for vindication are also bad. Family law protects kids in both situations, not just the former. I think that is a better system than one which assumes a parent is a risk just because the other files a template AVO.
Similar threads
