Family Violence Restraining Orders and Children's Issues - Part 2

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Part 2 - Restraining Orders and Children’s Issues

So, you can no longer see your children, because you are subject to a Family Violence Restraining Order (“FVRO”) that extends to, and protects, your children.  What are your options?

There is an exception allowing you to live with, spend time with, or communicate with your children, as long as there are Family Court Orders in place, allowing you to do this.

The only problem is you do not have Family Court Orders and you do not want to apply to the Family Court for Orders because, surely, it would be a waste of time and detrimental to your case, with an Order protecting the children against you. Right?

Not necessarily.

The fact that an FVRO exists, or has existed, is not usually enough for the Family Court to accept that there has been, or there is, a risk of family violence towards to the children.

Where one party is alleging that there is family violence, the Family Court is likely to evaluate the evidence of violence itself, before accepting that family violence has occurred.  It does not automatically rely upon the fact that an FVRO has been made by another Court.

Also, the Family Court has the power to make Family Court Orders which can override the terms of an FVRO. For example, if the mother provides specific evidence of family violence incidents to the Family Court, and she was also granted an FVRO that protects the children, the Family Court can override the FVRO but is likely to err on the side of caution, and make Orders such as granting the father supervised time with the children.

If this occurs, the father can then prepare his case to provide evidence to prove otherwise.  In other words, the father has the opportunity to prove that the children are not at risk of family violence from him.

Butlers specialise in all areas of Family Law, with our experienced Team offering swift and personal service to our clients who find themselves requiring legal advice.  We understand the stress involved in Family Law procedures, and can explain and simplify these in our pursuit of achieving what you want.  Please contact us on 9386 5200 to make an appointment in our offices located at 45 Stirling Highway, Nedlands, Perth.  


 

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Wednesday, 12 December 2018