Dear Member,

An Intervention Order ("IVO") can include your children as "Affected Family Members". In that case, any orders made will apply equally to you and your children. For example, the IVO may prohibit the children's father from going near your home or approaching you and your children. There are usually exceptions to IVOs that allow parents to negotiate child arrangements in writing, to communicate through lawyers or continue with parenting arrangements set out in Family Law Act orders.

However, IVOs are usually not a good solution to parenting problems. To make an IVO, a Magistrate must be satisfied (a) that there has been family violence and (b) that the family violence is likely to continue. There may be numerous, non-family violence related issues that are relevant to the appropriate care arrangements for your children. Further, IVOs commonly lapse after 12 months.

A far better approach would be to attempt to resolve these issues in the Family Law sphere. The paramount consideration in all Family Law parenting matters is the best interests of the children - not the best interests of parents. This is an important focus. The particulars of your circumstances will obviously be crucial to determining the most appropriate pathway, and it is not possible to provide you with tailored advice in this forum.

I invite you to contact me to discuss the matter further if you have any questions.

Kind Regards,

Nick Ellis | Lawyer

marshalls + dent

nellis@mdlaw.com.au

(03) 9670 5000