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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5375
Experience:  Dip Law LPAB - Sydney based lawyer
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My brother has had a vro issued against him and has not seen

Customer Question

my brother has had a vro issued against him and has not seen his children for three weeks as his ex ran off with them, he is concerned she is on drugs and that the children are in in desirable circumstances, the vro also covers the children, if he finds them or was to see them can he legally take them out if danger
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
If the VRO prevents him from accessing the children, any breach of that VRO will likely result in his being charged for such a breach.
Whilst the court would likely accept that a breach was reasonable if the children were in imminent and very serious danger, the mere potential for mishap because the mother was on drugs is unlikely to be accepted as a sufficient basis for disregarding the VRO.
For this reason, I would strongly recommend that your brother get a family lawyer to review his situation with a view to either seek to have the VRO set aside or its terms modified to facilitate his having access to his children.
Only a lawyer fully briefed in the family situation can give firm advice as to how a court will ultimately deal with your brother's case, but I trust the above assists your understanding.
Please rate my answer.
Patrick
Expert:  Patrick H. replied 1 year ago.
I note that you have not yet rated my answer.
I appreciate it was not what you were wanting to hear but I have addressed your question at some length so kindly rate my answer so that I can be paid for my services.
Thank you,
Patrick