Child Safety Concern
The individual is facing a no contact order and has concerns regarding the safety of their child. The child's mother, living approximately 16 km away, reportedly struggles with mental health issues and engages in violent disputes. Following unsuccessful attempts to communicate with the child's mother, the individual completed mediation procedures and obtained a certificate related to these efforts, while adhering to the no contact order. Currently, the child resides with the mother, raising issues about the household environment, including concerns about violence and substance use. The individual is seeking visitation or custody rights and has a previous AVO linked to a misinterpreted action during a conflict.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal implications of a no contact order in regards to my child?
A no contact order restricts communication with the protected person, affecting your ability to see your child if the order includes their mother. Modifying or contesting the order may involve applying for a variation or seeking legal advice to establish parenting arrangements through the Family Court, which will focus on the child's best interests.
What steps can I take to ensure my child's safety while complying with the no contact order?
To ensure your child's safety while complying with the no contact order, consider applying for a variation to allow monitored communication regarding child welfare matters. Document any incidents indicating safety concerns, such as violence or substance abuse, and explore interim parenting orders through Family Court to establish visitation rights.
What impact will the current legal proceedings have on my future ability to regain contact or custody of my child?
Gaining contact or custody will depend on proving your ability to provide a safe environment. Current legal proceedings may raise concerns regarding your past actions. Engaging with legal counsel and possibly attending parenting courses could be beneficial in demonstrating your commitment to a positive parenting environment.
Are there any legal defences available for the charges that have been brought against me?
Potential defences might include demonstrating a lack of intent to intimidate, particularly as the original AVO arose from a non-threatening gesture. Evidence showing your concern for your child's safety could also support a defence. Discussing these options with a family lawyer can help tailor your strategy.
