If I take out an AVO, does it prevent my children from seeing their father?
Dear Member,
An Intervention Order ("IVO") can include your children as "Affected Family Members". In that case, any orders made will apply equally to you and your children. For example, the IVO may prohibit the children's father from going near your home or approaching you and your children. There are usually exceptions to IVOs that allow parents to negotiate child arrangements in writing, to communicate through lawyers or continue with parenting arrangements set out in Family Law Act orders.
However, IVOs are usually not a good solution to parenting problems. To make an IVO, a Magistrate must be satisfied (a) that there has been family violence and (b) that the family violence is likely to continue. There may be numerous, non-family violence related issues that are relevant to the appropriate care arrangements for your children. Further, IVOs commonly lapse after 12 months.
A far better approach would be to attempt to resolve these issues in the Family Law sphere. The paramount consideration in all Family Law parenting matters is the best interests of the children - not the best interests of parents. This is an important focus. The particulars of your circumstances will obviously be crucial to determining the most appropriate pathway, and it is not possible to provide you with tailored advice in this forum.
I invite you to contact me to discuss the matter further if you have any questions.
Kind Regards,
Nick Ellis | Lawyer
marshalls + dent
nellis@mdlaw.com.au
(03) 9670 5000
Do I have the same legal rights as a married person if I am living with my same sex partner?
Dear Member,
An important first step is to determine whether your relationship would meet the minimum requirements necessary to trigger the jurisdiction of the Family Law Courts, which are that:
(a) the total period(s) of the de facto relationship is at least two years; or
(b) there is a child of the de facto relationship; or
(c) that the Applicant has made substantial contributions and the failure to allow the application would result in serious injustice to him or her.
In most cases, there is no distinction between the rights of parties to de facto relationships and the rights of parties to marriages. However, there are some differences which can have important consequences. It is not possible to identify all of those differences in this forum, but I am happy to discuss the particulars of your case with you so that I can provide you with more tailored advice.
Kind Regards,
Nick Ellis | Lawyer
marshalls + dent
nellis@mdlaw.com.au
(03) 9670 5000