Can an IVO Stop Me Seeing My Children?

An Intervention Order has been made.

Your former partner tells you that you cannot see the children anymore.

But you already have parenting orders saying that the children spend time with you.

Which order do you follow?

This is an area where you should not guess.

Can a Family Violence Intervention Order include children?

Yes.

In Victoria, children can be protected by a Family Violence Intervention Order, and an order can contain conditions affecting contact, communication and attendance at particular locations.

The exact wording of the Intervention Order is critical.

Does an IVO automatically cancel my parenting orders?

Not necessarily.

Family violence orders and parenting orders operate within an interconnected legal framework.

Depending on the circumstances, a court dealing with a family violence order may have powers affecting existing parenting orders.

This is precisely why both sets of orders need to be reviewed together.

Do not read one in isolation.

Can I still communicate about the children?

Possibly.

An Intervention Order may contain exceptions permitting certain communications, including communications necessary to give effect to parenting arrangements or communications through lawyers.

But this depends on the actual conditions imposed.

Never assume that because communication concerns the children it is automatically permitted.

What if my ex tells me I can come over?

Be extremely careful.

A protected person telling you that contact is okay does not necessarily authorise you to disregard the conditions of an Intervention Order.

If an order prohibits you from attending an address or contacting a person, understand exactly what you are legally permitted to do before acting.

What about changeover?

Parenting arrangements may need to be structured so they can occur without breaching an Intervention Order.

Depending on the circumstances, this could involve third-party changeovers, school changeovers, supervised arrangements or other mechanisms that minimise direct contact.

The appropriate arrangement depends on the orders and the safety issues involved.

What if my children are named on the IVO?

Get advice immediately about the effect of the order.

The consequences can be different where children themselves are protected persons.

Do not assume existing parenting arrangements continue unchanged.

Can I apply for parenting orders if there is an IVO?

The existence of family violence proceedings does not necessarily prevent parenting proceedings.

However, allegations and findings of family violence can be highly relevant to decisions about children.

The Federal Circuit and Family Court of Australia is required to consider the safety of children and people who care for them when making parenting decisions.

What if the IVO was made without admissions?

Intervention Orders can be resolved in different ways, including in some circumstances without admissions.

The precise history of the IVO proceedings may therefore matter.

Do not assume that the existence of an order necessarily proves every allegation made in the original application.

At the same time, the order itself must still be obeyed while it is in force.

Two jurisdictions. One family. Get advice on both.

One of the biggest mistakes people make is obtaining advice about the IVO without explaining their parenting orders, or discussing their parenting case without producing the IVO.

Your lawyer needs to see both.

Melmark Law regularly represents clients in family law parenting proceedings and Victorian Family Violence Intervention Order matters.

Where the two overlap, we consider them together so that clients understand both their parenting position and their obligations under the Intervention Order.

This article provides general information only and does not constitute legal advice. You should obtain advice about your individual circumstances.