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3peasMummy
30-11-2010, 00:09
Hey just a quick question. I know a few people have mentioned about their partners having an avo placed against them from the previous partner etc.
Does anyone know if my EX's Fiance (now his ex) takes out an AVO out against him because of DV against her and their unborn child, does that have any effect on his rights to see our DD???
I am not impressed he's done any of this stuff to his now other EX. So I am concerned about our DD's safety while in his care.
Will post somewhere else cause not sure if I am in right spot, but I think i read about other people dealing with AVO's in their lil step/blended families.

MsTruth
30-11-2010, 00:20
In my opinion the AVO in your example will have no influence on your ex seeing his daughter unless you can show that there is a definate connection between the AVO and the childs safety eg, was the child present during the alleged violent incidents, was the child ever hurt, does he have a history of this behaviour and putting your child at risk (with evidence eg police/medical/witness reports), is the violence a result of alcohol or drug abuse which effects his ability to car) for your daughter etc

Without actual evidence to show that your daughter is unsafe then I cannot see how it could be used to limit the time he spends with her. ( Indirectly I guess it may have an effect if he has no fixed place to live eg if he had to leave the place he shared with his ex and he could not provide the child with a stable environment but that would only be temporary and may not be an issue if he has other safe places he can take her).

3peasMummy
30-11-2010, 00:29
thankyou so much.
I have been googling for the past few days and calling around, but no one has been able to help.
Thanks.
She wasnt present at this time, but his EX tells me that he's Iyelled at her a lot and threatened her before while they were looking after her.
She is only 9 months old, and she was about 4 months at the time she is talking about. Now he is moving- his friend told me not him, and will have no family support or job at all.
I just worry.
I haven't witnessed his agression, but his EX said he's very angry all the time hitting walls, smashing cars etc.
He's supposed to be spending some time with our DD for a few weeks next year as our personal agreement states, but we have no "legal" orders in place atm.

MsTruth
30-11-2010, 00:37
I would think that it would be reasonable based on the AVO (and I am assuming here that the acts alleged by the ex have been proven or your ex has not lodged an objection to the AVO which would point to there being at least some truth in the allegations) to ask that he undertake an anger management course and perhaps also a parenting course (use the fact that he is moving to where he has no family support as a reason to suggest the parenting course).

If you have concerns about your current agreement you should consider having formal orders made, ideally by consent. It may be worth getting some legal advice (legal aid or community legal centre if you cannot afford a private lawyer) and mediation (offically called family dispute resolution) may be a good idea as a way to discuss these issues with him through an impartial third party.