Custody Intervention Dispute
The individual is currently navigating a child custody dispute in Victoria, having previously provided primary care for their children. An intervention order was issued by their ex-partner, resulting in the children being placed with the ex-partner temporarily. This has created a situation that has led to law enforcement involvement, as the children were relocated to a temporary accommodation away from their home. The individual has a clean record concerning any prior intervention orders and is now seeking to request an urgent hearing or variation to the order to regain contact with the children.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to challenge the intervention order and have contact with my children before the court date?
To challenge the intervention order and regain contact, you can apply for an urgent interim hearing or a variation of the order under applicable family law provisions. Emphasize the established living arrangements for the children and their best interests. It's advisable to consult a family lawyer to effectively present your application and ensure all necessary legal requirements are met.
What evidence should I gather to demonstrate that I have primary custody of my children and that they have not been in the care of their other parent?
To demonstrate primary custody, gather evidence such as school and medical records indicating you are the primary contact, Centrelink and child support payment records, affidavits from witnesses about living arrangements, lease or mortgage documents, and evidence of daily care activities.
Can I request an urgent hearing or a variation of the intervention order to regain access to my children before the scheduled court date?
Yes, you can request an urgent hearing or a variation of the intervention order to regain access to your children. You will need to apply to the relevant court, detailing why it is essential to hold an urgent hearing. Providing evidence of your custody claims and the impacts on the children will strengthen your case.
What are the potential consequences if I inadvertently violate the terms of the intervention order while it is in effect?
Violating an intervention order can lead to criminal charges and serious penalties, including fines or imprisonment. Additionally, any breaches could negatively affect your family law proceedings, particularly related to custody. It is crucial to strictly adhere to the order's terms until the matter is resolved.
Are there any resources or support services available to assist me in navigating this custody and intervention order issue?
Yes, there are resources available, including legal aid services for free legal information and advice, community legal centres for specific guidance, and family law assistance hotlines for additional support.
