What can you do if this applies to you?

What can you do if this applies to you?

Variation

If both parties agree that the inconsistency between the orders is impractical and needs to be rectified, the easiest way to do this is to apply to vary the protection order to remove inconsistencies between parenting and domestic violence orders. This application can be done by the aggrieved, the respondent, applicant, or a named person (e.g. relative or associate named on the order).

You will need to complete a Form DV4 Application to vary a domestic violence order. This will need to be filed with the court. We can assist you with this process and answer any queries you have.

Apply to the court

Alternatively, you may apply to the Family Court if, in your circumstance, the Family Court Orders prevails over the protection order.

The court must specify the extent to which the order provides for the child to spend time with a person and note that the order is inconsistent with an existing family violence order.

Tough times never last, but tough people do.

Reach an agreement

It can be more cost and time effective to reach an agreement with the other parent as to a more appropriate changeover location whilst the protection order is in place, which complies with both sets of orders.

It’s not unusual for a parenting order to contain a paragraph which states something to the effect of

“the changeover location is to be as agreed between the parties, failing agreement the child’s primary school”.

These types of orders are capable of being complied with even where one parent is prohibited from attending the school of the child, as an alternative location can be used for changeovers where both parties consent.