Divorce and Custody Matter
A client from Melbourne is seeking legal advice regarding divorce, custody, and financial issues, particularly in relation to an existing Interim Family Violence Intervention Order (IVO) against their former partner. The IVO was issued in 2024 and is currently protecting the client and their child. The order remains in effect until a final order is made or the application is withdrawn, with the next court hearing scheduled for a later date. The client reports difficulty in resolving matters, indicating that the former partner is using the IVO as a pretext to avoid discussions regarding their child, who they have not seen since the IVO was implemented. The IVO includes conditions preventing the former partner from committing family violence and approaching protected persons, while allowing communication through legal channels and participation in mediation or counseling without violent behavior.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I proceed with the divorce if my former partner is uncooperative due to the Intervention Order?
You can proceed with your divorce even if your former partner is uncooperative due to the Intervention Order. In Victoria, you may apply for a divorce on the grounds of irretrievable breakdown of the marriage evidenced by a 12-month separation period. Your former partner's cooperation is not needed for the divorce application itself. If there are no children under 18 and you have been separated for a year, the process is typically straightforward. If children are involved, the court will need to ensure proper arrangements for them. Filing for divorce can be done online through the Commonwealth Courts Portal. Mediation may be a safe way to address outstanding issues if appropriate.
What are my options for arranging custody and visitation rights for my child considering the Intervention Order is in place?
To arrange custody and visitation rights for your child under the conditions of the Intervention Order, consider applying for Parenting Orders through the Family Court. These can establish arrangements that work around the IVO’s restrictions. The IVO allows communication through legal avenues, and arrangements under Parenting Orders are often permitted. Engaging a family lawyer or mediator can help facilitate these discussions safely.
How might the Intervention Order affect the division of assets and financial settlement in my divorce?
The Intervention Order itself does not directly affect the division of assets in a divorce. However, if the order is related to family violence, it may have indirect effects on the court’s considerations regarding contributions made by each party. An IVO may influence negotiations, making mediation or legal representation advisable in navigating asset division.
What legal avenues are available if my former partner continues to use the Intervention Order as an excuse not to engage in resolving the divorce and custody issues?
If your former partner is using the Intervention Order as an excuse not to resolve divorce and custody issues, you can apply to the Family Court for orders regarding parenting and property settlement without needing their cooperation. The IVO permits communication through legal representatives for these purposes. Seeking legal advice may also help in exploring options like applying to the court for orders compelling your former partner to participate.
