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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42626
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a dvo on my ex he also is the father to my 7 month

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I have a dvo on my ex he also is the father to my 7 month old. We had a verbal agreement in place for seeing our son then last week he gave me a hard time picking up our son and I got emotional upset by what was happening went to the police they said they could only send a car to do a welfare check but 9 or 10 hours later nobody had been to check on my son. And this was over 36 hours that I had asked and pleaded for him to give him back. Calls to police and after a day and a half police told me it wasn't high on their priority list so to stop calling and they will call me. So at 7:30 Tuesday 10/08/2015 I went to the house I believe my son was at( the same house I had attended 5 times in the last 36 hours) to see that my son was alive and in good care. When I arrived his flatmate pulled into the driveway and I asked her,…where is my son? She reversed out of the driveway and sped off making me more worried about our son. So I headed towards the door I could hear Elijah crying so I pushed and saw paul had the lounge up against the door so i pushed and paul pushes it back against me and so i still could hear elijah so i was going in to get him. It seemed as thou he had barricaded himself and our boy in the house. He pushed the lounge up against the door so I've at the same time pushed my way in. As I knew he would attack me I had 2 male friends come with me so if he did they would keep him away from me so I could get Elijah. As soon as entering the house I went searching the bedroom I thought he was in and he was picked up and carried straight out of the house put in the car and I asked my friend to grab any baby things that he could see,as I knew I had no bottles and had given all that Elijah needed for three nights with his father. He then put in a dvo order on me and had a welfare check done on him. How can this happen legally? What can i do? He had access to Elijah anytime that was possible for us to. We did get along for elijahs sake. He assaulted me on 10/06/2015 at my parents rented property and the house was damaged but the police weren't interested in that at all. I've tried a lot of phone calls but no one can give me any help. Thank you for your time today. I have an appointment with legal aide tomorrow and go to court Tuesday 18/08/2015 . My mobile no.(###) ###-####
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

It appears that your actions can be seen as intimidating having 2 others with you and forcing your way into the house.

The situation is you have to look at the facts with the DVO and you have to defend them.

I would also suggest that you now get court orders for the child in the family court.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

The situation with the DVO you have to defend it and also look at the facts with the order that you have been served with.

It is not a nice position to be in but you now have to get a solicitor to appear in court with you

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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