Intervention Order and Parenting Visitation
The client in Victoria has an Intervention Order (IVO) against their former partner but wishes for this person to have access to their child under specific conditions set by the client. At present, there are no established visitation arrangements, and the client has not sought to modify the IVO to include such arrangements. The client's priority is to ensure that the visitation terms are court-recognized and enforceable, with a desired frequency of weekly visits. There are no prior violations of the IVO noted, and no specific safety protocols have been established as of yet.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I amend the terms of the IVO to allow my ex-partner to have access to our child under specific conditions?
To amend the terms of the IVO to permit access under specified conditions, you will need to apply to the court for a variation. Prepare a detailed submission outlining the changes you wish to make, focusing on the visitation terms. It is beneficial to propose a clear schedule for visits that prioritizes the child's safety. Seeking legal advice may help in effectively communicating your proposal to the court.
What steps should I take to ensure the parenting arrangements are legally binding and respected under the current IVO?
To ensure the parenting arrangements are legally enforceable, consider applying to the Family Court for a Parenting Order. This order can explicitly define your ex-partner's access to your child, making it recognized by the court. It's crucial to clearly outline the visitation details and any conditions in this order. Consulting a family lawyer to draft a consent order if both parties are in agreement may also be advisable.
Are there any legal risks involved if my ex-partner violates the terms of the IVO during child visitation?
Yes, there are serious legal implications if your ex-partner violates the terms of the IVO during visitation. Violating an IVO is a criminal offence and could result in penalties such as fines or imprisonment. If a breach occurs, you should notify the police to document the incident, which is essential for any future legal actions.
How can I ensure that the visitation terms agreed upon are enforceable and recognised by the court?
To ensure the visitation terms are enforceable, you should apply for a consent order through the Family Court. Draft an agreement detailing the visitation conditions and have both parties agree to it. This process formalizes the arrangement, making it legally binding.
What should I do if my ex-partner breaches the visitation terms we agree upon under the IVO?
Document the breach, noting the dates and specifics, and report it to the police as violating an IVO is a criminal offence. You may also need to seek legal advice to explore your options, including applying to the court to enforce the visitation terms.
