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My daughter has made 3 applications for a dvo AGAINST ME.

Customer Question
My daughter has made...

My daughter has made 3 applications for a dvo AGAINST ME. tHE FIRST 2 DIDN;T HAVE ANY DV SO THE MAGISTRATE TOLD HER SHE NEEDED MORE INFO. sO SHE THEN WENT AND DID A THIRD APPLICATION, this time making up extreme abuse and violence which has never happened. I have now got to go to court to fight this. What can I do regarding all the lies she has told?

Lawyer's Assistant: What steps has your daughter taken? Has she filed any papers in family court?

Yes. 2 applications were denied as there was not DV in them. She said a letter I sent was a threat just by me writing to her. I told her in this letter I loved and missed her and would always be here if she needed me. The third application now has severe abuse in it. All made up

Lawyer's Assistant: Family law varies by state. What state is she in?

Qld

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, she is doing this so my grandson never finds out what she has done in the past.

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 hours by:
5/30/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,515
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

In relation to you appealing, varying or revoking a violence order,

Because DVO s 68R orders are made under the Family Law Act 1975 (Cth), if a person seeks to vary or discharge a s 68R order, the application must be made under s 64B of the Family Law Act 1975. There is no power to vary or revoke a s 68R order in the Family Violence Protection Act 2008.

Section 68T(2) of the Family Law Act 1975 prohibits appeals against the revival, variation or suspension of a Family Law Act 1975 order made at the time of the making of an interim intervention order.

What you will need to do is wait for the hearing and then at that time refute the allegations that have been raised against you.

One of the main supporting factors in running your case is to obtain affidavits in support of your position. These affidavits are character references to your person. The affidavit should detail the person who signs it, knows of the restraining order that has been raised against you, and that you still hold a character. Your should obtain a minimum of three character references in support.

You can put your defence together yourself, and present your arguments to the Court, but where you have an opportunity, you should have a lawyer review the same.

There is a duty lawyer at the court and you can speak with them prior to the hearing. Try to be at the court early so you can to the duty solicitor as they are generally busy helping people in the court.

You have a legal right to protect your interests in this situation.

Parenting

The best situation with parenting is to try and resolve the matter amicably without court proceedings through family mediation with a counsellor or lawyer.

Equal responsibility for the care and provision of children is assumed by the Court. However, various factors will influence this assumption. Factors includes the current care arrangements for the child, finances, drug use, moral issues and criminal behaviour.

Despite the strong emphasis given to shared parental responsibility after separation, the paramount consideration of the court remains the best interests of the child. Shared parenting outcomes are desirable, indeed preferable, but only where this is consistent with the best interests of the child.

There is a presumption that “equal shared parental responsibility” is in the best interests of children. An order made for equal shared parental responsibility imposes an obligation on the court to consider ordering “equal time” or “substantial and significant time”.

Where an order is made for shared parental responsibility it imposes on parents an obligation to consult on “long-term issues”. Long-term issues are specifically defined in the FL Act to include matters such as health, religion, education, change of name and changes to living arrangements that make it significantly more difficult for the child to spend time with the parent. The court must also consider whether each parent has in the past fulfilled their responsibilities as a parent.

It is possible for parents to come to an agreement between themselves about their children’s care post-separation, without involving any court process. This agreement is called a “parenting plan”. Because it is developed and agreed between both parents, there is no need for the court’s involvement; it is an informal agreement. A parenting plan will generally be more successful where there is a high degree of cooperation and low conflict between the parents. Parents are free to alter the terms of the parenting plans whenever they wish. For example, where the child starts school and arrangements for the school holidays need to be made. In this way, parenting plans provide for great flexibility.

A parent plan must be in writing, signed by the parties and dated.

The parties to a parenting plan will normally be the parents of the child, but could include other persons such as grandparents or step parents who are involved in the care, welfare and development of that child.

The Family Law Act 1975 encourages parties to settle family disputes and to use litigation in the court system only as a last resort.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

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