Category: Family Law

Are you going through the process of having a Family Report prepared?  We understand this can be very stressful. Our experienced team of family lawyers at Forge Legal can answer any questions you may have and guide you through the process, each step of the way, to ensure you are properly prepared and best present yourself during interviews.

What is a Family Report?

When parents involved in parenting cases in the Family Court of Australia or the Federal Circuit Court of Australia are unable to reach agreement about arrangements for their children, the Court may order a report be prepared by a family consultant.

If an Independent Children’s Lawyer has been appointed in your case, the Independent Children’s Lawyer will coordinate the family report process.

The family consultant will conduct interviews with family report questions for each parent, the children and other significant people such as siblings, partners or grandparents.  The family consultant then prepares a written document setting out an independent assessment of any relevant issues, consider the children’s future care, welfare and developmental needs and provide recommendations as to what is in the best interests of the children.  This is known as a Family Report.

A Family Report may also make recommendations for other expert reports to be obtained such as a psychiatric assessment report, or suggest the parents participate in some form of counselling or parenting program.

A Family Report is one of the forms of evidence that a Judge takes into account when making a decision about parenting arrangements.  Whilst a Judge is not required to follow the recommendations in the Family Report, the report is often given considerable weight as it provides as assessment from an expert who is independent of both parents.

If you do not agree with the Family Report, the Family Report Writer may be challenged in cross examination about the recommendations in the report, particularly if the Court makes findings that are contrary to the facts they have relied upon in forming their opinion.  A Family Report Writer may then change their views and make alternate recommendations under cross examination.

Our team at Forge Legal have successfully challenged many Family Report Writers under cross examination, with the report writer altering their opinion and recommendations referred to in the Family Report, in favour of our clients.

The Family Report cannot be shown to any person other than the parties to the case and their lawyers without the Court giving permission.  It is an offence under the Family Law Act 1975 to do so.

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What is a Family Consultant?

A Family Consultant is a qualified psychologist, psychiatrist or social worker who has experience with working with children and families.  Family Consultants work as advisors to the Court who provide independent guidance to Judges to assist in reaching the best possible outcomes for children.

What is a Family Report Writer?

A Family Consultant who has prepared a Family Report is known as a Family Report Writer.

How much does a Family Report Cost?

If neither party has the money to pay for a Family Report and the Court orders the report, the costs are funded by the Court and there is no cost to the parties.  However, if the parties have agreed to arrange a family report privately you may be asked to pay half of the costs, unless the other party is prepared to pay the costs in full.  The costs of a Family Report arranged privately will vary, usually anywhere between around $2,000 to $4,000, depending on the report writer engaged.

Family Report Interviews & Family Report Questions

Once a Family Report has been ordered, the Family Consultant will arrange for the parents, the children and any other significant persons to attend specific appointments i.e. family report interviews.

You will be advised of the appointment times and location for the interviews.  It is critical that you attend the interviews as scheduled by the report writer.  Interview appointments can usually only be changed in exceptional circumstances.  If you fail to attend the appointment, the Family Report may not be able to be completed, or it may result in delays or additional costs being incurred which you may be ordered to pay.  Family report Writers are obliged to advise the Court if you fail to attend appointments scheduled for family report interviews.

The Family Report Writer will have individual interviews with each of the parents and the children, as well as other significant persons involved in the children’s lives such as partners, siblings or grandparents.

You should think of the interviews like an observation session being conducted by the Family Report Writer.  They will observe you interact with the children and with the other party, or any other significant persons being interviewed.

Your children will be interviewed separately from any adults unless there are special circumstances preventing the children from being interviewed by themselves, but this rarely occurs. In addition to the children having individual appointments, you may have a joint session with the children so the report writer can observe your interaction with the children and their behaviour towards you.

The purpose of your children having individual appointments is so that they are given an opportunity to speak freely to express their wishes without having the pressure of either parent being present, although they will not be forced to express any views if they do not wish to.

During interviews, your children may be able to be supervised by qualified staff in a secure and neutral environment away from any potential adult conflict, but you will need to check with the Family Report Writer beforehand as to the services they are able to provide.  You may need to bring someone who can look after the children whilst you are being interviewed.

How long does a Family Report take?

It can take anywhere up to two months for appointments to be scheduled for family report interviews once a Family Report has been ordered by the Court.  Interviews are usually scheduled much quicker for Family Reports where report writers have been engaged and are funded privately by the parties.

Family report interviews will usually take a full day.  In some cases, additional appointments may be scheduled for another day if the matter is complex and the Family Report Writer requires more time for interviews.

Once all of the interviews have been conducted, it can often take up to six weeks before the Family Report is issued by the report writer.

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What questions are asked in a Family Report Interview?

If an Independent Children’s Lawyer has not been appointed in your case, you will need to provide the Family Report Writer with copies of the court documents that have been filed in the proceedings, such as the initiating application and/or response and any affidavits.

The Family Report Writer may request permission to contact third parties such as teachers, doctors or other professionals who are independent and may be able to provide additional information about the children.  The Family Report Writer may also ask to inspect any documents that have been produced under subpoena before preparing their report.

The Family Report Writer usuaully asks Family Report questions relating to obtaining information about:

• any facts or issues that are disputed between the parents
• the arrangements that have previously been in place and are currently in place regarding the care of the children
• the parenting arrangements proposed by each of the parents moving forward
• any views or wishes expressed by the children and the reasons behind their wishes
• the relationship between the children and each of the parents, as well other significant people such as siblings, grandparents and partners
• the children’s individual needs
• the capacity for each parent to appropriately care for the children and provide for their welfare and developmental needs
• any risk of harm posed to the children
• the relationship between the parents and ability to co-parent
• the capacity of each of the parents to facilitate and encourage a relationship between the children and the other parent

How to prepare for a Family Report Interview?

Here are some tips on how to prepare for family report interviews:

1. Read the court documents being provided to the Family Report Writer beforehand so you are familiar with the case and the issues in dispute. Think in advance so you are clear about the issues you wish to raise.  Consider how you may address any concerns raised by the other parent.
2. Consider what is in the children’s best interests. Think about what is best for the children and why.  Ask yourself how the orders sought by you will achieve the best outcome for the children.
3. Always remain focused on the children. If there are issues you are raising about the other parent, ensure you are able to explain how these issues are relevant and their impact on the children, as opposed to just being negative or critical of the other parent.  Making degrading remarks does not assist in showing you have the capacity to facilitate a meaningful relationship between the children and the other parent, or the ability to co-parent.
4. Do not try to ‘coach’ the children. Provide a general overview to the children about the Family Report process in age appropriate terms.  Don’t put too much emphasis on the interview process that would create anxiety for the children.  Don’t try to influence or pressure the children or tell the children what to say.  Encourage the children to be honest and speak openly and freely with the Family Report Writer.  Family consultants are experienced in recognising the signs and behaviours presented by children when a parent has tried to influence or pressure them about what to say.
5. Behave appropriately, present yourself well and be honest. Make sure you dress well and are on time so you start with a good first impression.  Be respectful, courteous and co-operative both to the Family Report Writer and all other people involved in the interview process including your ex-partner.  Be mindful of how you speak to your ex-partner.  The Family Report Writer will be watching and observing your behaviour, actions and interaction with other persons who are involved in the interview process, not just listening to what you have to say during your interview.
6. Be prepared for the children’s needs. Bring food, drinks, toys and activities to keep the children entertained for the day.  Check with the Family Report Writer whether you need to bring someone to look after the children whilst the parents are being interviewed.
7. Safety concerns. If you have concerns for your safety or the children’s safety, tell the report writer beforehand so that steps can be taken to ensure the safety of everyone throughout the interview process.

If you have any questions about the Family Report process or your parenting order, please contact our friendly and understanding team of experienced lawyers at Forge Legal for legal advice.
 

As the old saying goes, in difficult situations the first step is always the hardest. For those contemplating or in the midst of a separation, the first step is meeting with a lawyer to discussions your individual circumstances, something that is incredibly personal and challenging for most people. At Forge Legal, we strive to ensure that our prospective clients feel comfortable and at ease in their Strategy Session, however, we understand that this is a daunting situation and can be stressful for those who are unprepared or do not know how to prepare.

Generally, there are a few simple steps that you can follow to prepare for your Strategy Session whether you are liaising with a lawyer regarding a parenting matter or for advice about property settlement, or in most cases, both.

Here are our top 10 tips to prepare for your Strategy Session

Write down dates of important events

Whether you are coming in for advice regarding a parenting matter or property settlement, there are key dates which are applicable in both scenarios. The most relevant dates are the date of cohabitation; date of marriage; date of separation and date of divorce.You may wish to add onto your list of important dates with events such as:

1. The time you spend with the children;
2. The date you attended mediation (if you have attended); and
3. The date you purchased and/or sold any property.

These are just examples of relevant events.

It may be easier for you to prepare a chronology starting from the date you commenced a relationship to the date of separation and all things in between that you consider relevant.

Write down a list of questions that you would like to ask your lawyer

It can be easy to forget those burning questions that you wanted to ask your lawyer particularly, in circumstances where you are discussing emotional and sensitive subject matter.Take a notepad with you and have a list of questions that you have thought of prior to your meeting. Your lawyer may also give you some advice or request that you attend to a task that you will need to jot down.

Update your contact details

It is not unusual for spouses to share an email address or have access to each other’s mobile phones and personal contact information.Your lawyer may need to contact you either before or after your Strategy Session. It is important that you are able to freely engage with your lawyer without fear of being intercepted by the other party.Think about creating your own private email address or opening a PO Box where your lawyer can contact you without being intercepted. This is especially important if you are separated under the one roof.

Bring your financial documents

If you are liaising with a lawyer about property settlement, it is helpful for you to have an idea of the composition of your asset pool. That is all assets, liabilities, and superannuation in your sole name or in joint names. The most helpful documents to bring with you include but are not limited to:

1. Your most recent tax return;
2. Redbook valuations for vehicles;
3. Your most recent bank statements including credit card and loan statements;
4. Your most recent superannuation statement;
5. One or more market appraisals for any property;
6. Share certificates;
7. Profit and loss statements for any business;
8. Trust deeds;
9. Mortgage statements;
10. Car loan documents;
11. Evidence of any debt.

Bring copies of your court documents

If you have already commenced proceedings or the other party has served you with court documents then you should bring in a copy of these documents to your Strategy Session. Try to make copies so you can leave them with your lawyer to review at a later date.Any document that you have in your possession or have been served with that has the seal of the court will be relevant in your Strategy Session. Documents such as applications, affidavits, notices or reports are extremely helpful and can give context to your matter.Your court documents will also help your lawyer ascertain important dates like upcoming court attendances and filing dates for material.

Think about what your goals and expectations are

Your lawyer should give you advice about your expectations and whether these are achievable. If you have a clear, concise idea of your short-term and long-term goals, your lawyer should be able to give you advice about the prospects of achieving those goals.

Get to know your lawyer

Most law firms have websites with profiles of their lawyers. Have a look at each lawyer’s profile and ascertain their experience, areas of expertise and familiarise yourself with their face.The more you know about the person you are speaking to, the more comfortable and at ease, you are likely to feel prior to and during the consultation.

Bring a copy of your will and/or power of attorney

If you do not have these documents then you should seriously consider asking your lawyer to prepare these documents for you.If you do have these documents, then you may need to update them.Most people are surprised to learn that without a power of attorney your husband/wife will be the ones left making all decisions in respect of your health, finances and other substantive matters for you in the event you lose capacity.

A Will and Power of Attorney are priceless documents and something you should always have and keep up to date.

Ask a friend or family member to come with you

Family law is inherently emotional and it can be difficult to discuss separation with a stranger. It is okay to bring a friend or family member for support and it can sometimes be helpful. They may ask questions that perhaps you had not thought of or just be there to lend a hand and offer support. Irrespective of why they are there, your close friends and family are the ones who will walk with you through this journey and should be there from the beginning.

We often get asked to assist clients in obtaining a divorce… but do they actually mean a “divorce” or are they referring to a “property settlement” or even “parenting orders”? The terminology can be confusing! This article explores some of those terms in order to give you some direction in settling your affairs after separation.

What is a property settlement and how does it differ from a divorce?

property settlement is the process of dividing assets, such as your house and superannuation, after your divorce. If you are thinking of separating from your partner, you need to make sure that you understand this process so that you get the best outcome. If you have recently separated and want to discuss a property settlement, you should contact your lawyer straight away.

A property settlement is different to a divorce. A divorce is an order of the court dissolving a marriage between two people. There is no property settlement involved in a divorce, unless you get your lawyer to help you with both the divorce and the property settlement together. You should speak to your lawyer if you would like to apply for a divorce and your lawyer will be able to answer the following: –

• How to divorce in Australia;
• How long does it take to get a divorce in Australia;
• What is separation under one roof;
• Time limits for starting a property settlement and the relationship with an application for divorce;
• What is the cost of divorce; and
• Any reduced fees for divorce that you might be entitled to.

Property settlement and what is considered

In Australia, after two people separate, a lawyer can assist in ascertaining how much of the property pool each party is entitled to. There is no presumption in Australia that each party should walk away from a relationship with 50% of the property pool. Lawyers, and the court if necessary, will look at each case on its merits and its facts and circumstances and come to a conclusion that is appropriate in all of the circumstances.

When you engage a laywer, you will notice that property matters are generally approached in terms of percentage splits, that is 50% to the wife and 50% to the husband or visa versa OR 40% to the husband and 60% to the wife or visa versa (as an example – this depends on the case).

What are the time limits?

The first thing that you need to consider when you separate from your partner is the time limit for a property settlement. Currently, you have 12 months from the date of your divorce to bring an application to the court for a property settlement. If you are not married and are instead in a de facto relationship, you must bring an application for property settlement within two years after the date of separation.

Sometimes, you might not need to go to court in order to divide your property in a legally enforceable way. The Family Law Act 1975 (Cth) allows parties to reach an agreement privately about what they would like to happen in a property settlement and the court can make an order once you have agreed. These type of orders are called “consent orders” and are useful if you and your ex parter are amicable or can reach an agreement through negotiation. It is hard to make an order for property settlement if you are more than 12 months from your date of divorce or more than 2 years from the end of your de facto relationship for de facto couples. You should contact your lawyer straight away if you are served with an application for divorce and have not discussed a property settlement with your ex partner.

This is different to a divorce order. A divorce can be applied for one year after separation.

What is the property pool?

The “property pool” is a term that refers to all of the assets, liabilities and superannuation of both you and your ex-partner. Ascertaining the property pool is the first step in division of property and is essential to reaching an agreement with you ex-partner. Often, the property pool can be identified easily and without any complex intervention from your lawyer. Sometimes, matters may be more complicated if you have assets held in companies or trusts, your own business or interest in a business, or unusual superannuation entitlements such as military superannuation or self-managed superannuation funds.

Sometimes your matter may be further complicated if you believe your ex-partner is hiding property, or if either of you have acquired or disposed of any assets since you have separated.

Who made the contributions?

Contributions to the relationship are a big part of the considerations that need to be made when negotiating a property settlement. When figuring out how much of the property pool you might receive, your lawyer (and the court) should look at several factors, including who brought what in to the relationship in terms of money, who made the significant contributions throughout the relationship in terms of money, childcare, housekeeping, cleaning and cooking, book-keeping and even outdoor maintenance and general renovations. Just because one party earned a wage and was the primary “breadwinner” of the household does not necessarily mean that they will be awarded a higher percentage of the property pool. Arguably, home duties such as those mentioned above, are considered just as important a contribution to a relationship!

What are your future needs?

Your lawyer (and the court) should consider what you will need in future in order to get back on your feet. Relevant factors with relation to future needs can be, for example:-

• Do you and your ex-partner have children under the age of 18, and if so, how many of those children live with you and how long do the children spend in each household?
• Do you or your partner have any health issues? Do those health issues prevent you from earning a wage or gaining and maintaining meaningful employment?
• Is there a disparity in income? That is, do you earn significantly more or less than your partner, and if you do, is there a chance that your ex-partner could earn a comparative wage to you? What are your employment prospects in the future?
• Do you have any funds overseas, trust funds, any pensions or money coming in that has not been considered in the asset pool?
• What property do you currently hold? That is, what have you and your ex-partner taken from the relationship?

Other considerations

When entering into a property settlement agreement, you and your ex-partner may wish to consider entering into children’s arrangements also, should you have any children who are under the age of 18. This is what most people refer to when they are taking about “child custody”.

Children’s arrangements can be included in consent orders alongside property orders, and this is often a cheaper way of dealing with all of the issues of separation in one hit.  Children’s orders, commonly referred to as parenting orders, entered into by consent can deal with a vast range of issues such as:-

• Who the children will live with;
• Parental responsibility, that is, who has responsibility for the day to day decision making relating to the children and more long-term decision making such as schooling, health and religion;
• Time with each parent during regular weeks, school holidays, Christmas time and birthdays and even tailored clauses in relation to your child’s specific needs;
• Communication with each parent;
• The maintenance of a child;
• The process that may be used if there is a dispute in relation to parenting of the children after the order has been made.

If you and your ex-partner are amicable it may be very beneficial for you to discuss the best avenue for you to reach an agreement for parenting arrangements with your lawyer. There is no strict time limit in order to apply for orders in relation to parenting, however it is often more affordable and time savvy to apply for both parenting and property orders at the same time. Your lawyer should be able to provide you with an estimate of costs for both applications, or just one of the applications, prior to doing the work for you.

There are a variety of orders that can be applied for once you have separated, and it can be hard to determine the difference between a divorce, a property order, consent orders, children’s orders and child custody.  The best course of action once you have separated is to immediately book with a lawyer, who will be able to inform you of your rights, assist you in preserving your position, and give you frank advice about your next steps to assist you in building your future after separation.  It is important to do so whilst you are within the time limits discussed above, so the sooner the better to avoid future heartache.

There are many other factors that should be considered when determining an arrangement that is best for your children such as parental conflict, practicality, special needs of the child including medical needs and risk factors in either parent’s household. The Family Law Act 1975 provides that children have a right to a meaningful relationship with both parents absent any risk to that child with either parent. Any arrangements should consider that child’s individual needs, their safety, and welfare.

While some children transition well to the new family dynamic and adjust relatively well to seeing one parent more than the other,  most children struggle emotionally and psychologically and find it difficult to adjust to the drastic change. When we look at the 0 to 5-year old age bracket, social science tells us to be mindful of that child’s age and stage of development. Children of this age need stability, routine and consistency to thrive and meet all their developmental milestones.

One of the most common questions from parents of young children, is when can a child transition to overnight time with the non-primary parent? Unfortunately, there is no legislation or binding authority that provides that a child must commence overnight time with the other parent at a certain age. The answer is purely dependent on your child’s ability to cope with the separation from the primary parent and their common environment. Questions you should be asking yourself when trying to determine whether your child is ready for overnight time include:

1. Is my child breastfed?
   If so, it is unlikely that the child can transition to overnight time unless the mother is willing and able to express breastmilk and the child will take a bottle feed. Generally, if your child is still breastfed he or she is likely too young to be spending overnights away from their mother. That being said, it is not uncommon for children to be breastfed into their toddler years and therefore both parents must consider what is best for the child in those circumstances and make arrangements that allow the child to spend meaningful time with the non-primary parent whilst still affording them the opportunity to be breastfed.

2. How much time does my child spend away from their primary parent?
   If your child is spending 5 days a week in day-care or in the care of a person that it is not biologically related to the child, then it is likely that the child is used to spending time away from the primary parent and can transition to overnight time with the other parent.

3. What is my child’s routine when they are with their other parent?
   You must be willing and able to maintain consistency and routine between households to give your child the best chance at coping with overnight time. Communication is key and whilst this is not always achievable with separated parents, tools such as email and communication books can help parents agree on uncontroversial issues such as nap times and feeding schedules.,

4. Am I available to care for my child during their overnight stay?
   Newborns and toddlers require 24-hour care. This is not to say that you cannot leave your child with a trusted friend or relative but there is no substitute for the care of the biological parent. Generally, the Courts will want to ensure that a parent is caring for the child overnight.

Ideally, the best arrangements for newborns and toddlers is to spend short and regular time with the other parent. This allows for bonding and familiarity with the other parent, so the child is not distressed when spending time with the non-primary parent. As an example:

1. That the child lives with Mother/Father and spends time with the other parent as can be agreed and failing agreement as follows:
   • Each Monday, Wednesday, and Saturday from 9:00 am to 11:00 am.

Obviously, you can adjust the times and days to suit the child and your schedule.

Around 3 to 4 years of age, children start to become more resilient and aware of their primary attachments. Particularly, when they have been afforded the opportunity to spend regular and meaningful time with the non-primary parent.

From infancy to schooling age, you should consider periodically increasing your child’s time with the other parent. When children start school (Prep) and have adjusted to the Monday to Friday routine, care arrangements can be more flexible, and children will likely adjust to extended periods of time in either parents’ home.  For instance, if we build on the previous example:

1. Upon the child turning 1 year old:
   • Each Monday and Wednesday from 9.00am to 1.00pm; and
   • Each Saturday from 9:00 am to 5:00 pm.

2. Upon the child turning 18 months old:
   • Each Monday and Wednesday from 9:00 am to 5:00 pm; and
   • Each Saturday from 9:00 am to 5:00 pm.

3. Upon the child turning 2 years old:
   • Each Monday and Wednesday from 9:00 am to 5:00 pm; and
   • Each alternate weekend from 9.00am Saturday to 5:00 pm

4. Upon the child turning 2.5 years old:
   • Each Monday from 9:00 am to 5:00 pm; and
   • Each alternate weekend from 9:00 am Saturday to 5:00 pm

5. Upon the child turning 3 years old:
   • Each Monday from 3:00pm to 6:00pm; and
   • Each alternate weekend from 5:00 pm Friday to 5:00 pm Saturday

6. Upon the child turning 4 years old:
   • Each Monday from 3:00 pm to 9.00am Tuesday; and
   • Each alternate weekend from 5:00 pm Friday to 5:00 pm Saturday

7. Upon the child commencing Prep:
   • Each alternate weekend from after-school Friday to before-school Monday; and
   • Each alternate week from after-school Wednesday to before-school Thursday.

The above-mentioned schedule allows for the gradual progression of time in accordance with the child’s age and stage of development. The days and times for each stage leading up to the child commencing Prep can and should be altered to suit the child’s routine and both parent’s schedules.

All children are different and respond to life experiences in different ways. It can be incredibly traumatic for any child to experience the separation of their parents and if not handled in the appropriate way children will undoubtedly struggle with the separation of their parents. This daunting prospect coupled with the idea of being separated from one parent for a period of time can be incredibly difficult for a child to cope with. In these difficult times, it is hard to know what is right for your child particularly, for children young children from newborns to schooling age.

At Forge Legal, your child’s bests interests are our priority. We pledge to tell you the truth and to respect you and your situation. We prioritise your child’s needs within the context of the provisions in the Family Law Act. Our advice is designed to ensure the best possible outcome for your child. Our lawyers have extensive experience in children’s matters with particular emphasis on care arrangements for children at every stage in their young lives. We strive to achieve outcomes where every child has consistency and stability in their lives to ensure they have a bright future ahead.
 

A DVO or AVO is a civil Order between people to prevent violence in domestic circumstances. If you are a respondent to a DVO you are required to be of good behavior and not commit domestic violence against the aggrieved and any named protected persons and comply with the conditions of the Order or risk serious criminal penalties if breached. While it is possible to remove or vary a DVO this is very much dependent on a number of factors.

Firstly, are you the respondent or the aggrieved?

How to get a temporary protection order or permanent DVO removed

If you are the respondent and you are subject to a temporary DVO, your only option to prevent a permanent Order being made is to contest the application at a trial. This can be an expensive and risky exercise where the consequences of failure are that there are findings of fact against you that you committed an act or acts of domestic violence against the aggrieved.

If you are the respondent subject to a permanent DVO, then you must apply to the Magistrates Court to vary the Order. This is completely at the discretion of the Magistrate who ultimately decides whether the DVO is necessary and desirable. It is also important to note that a Magistrate does not have the authority to remove or revoke a DVO once it is permanent, what a Magistrate can do is vary the term/duration of the Order so that it ends immediately or within a certain period of time.

Can a DVO be withdrawn?

If you are the aggrieved and you have made the application privately, as in without the assistance of Police, then you can withdraw your application at any stage in the proceedings. If a permanent Order has been made that you want removed, then you have to apply to the Magistrates Court to vary the Order, so that it ends immediately. Again, this is completely up to the Magistrate as to whether or not they will accept your application. If a temporary Order has been made and no permanent order exists, then you can apply to withdraw your application and remove the temporary DVO.

To apply to have a DVO removed or withdraw your application, you have to contact the Magistrates Court registry where you filed your application for a DVO and file an application to withdraw your application and remove any existing Order.

If you are the aggrieved and the application has been made by the Police on your behalf, then it is at the discretion of the Police Prosecutor whether or not they will withdraw their application. Rarely do Police withdraw an application however, more often than not, a Police Prosecutor is willing to negotiate the terms of a DVO.

If you want to change the terms of the Order, then the process is such that you have to file an application to vary the DVO in the Magistrates Court. In your application you have to clearly state what you want changed or removed from the DVO and the reasons why.

Whichever pathway is relevant to you, it is important to note that the Magistrates Court has authority to approve or deny any application, so there is rarely any certainty in terms of the outcome. Unless both parties reach an agreement that the Magistrate is satisfied with, then usually the Court prefers to err on the side of caution.

The risks associated with a DVO if breached are criminal consequences which if charged and found guilty result is significant penalties depending on the seriousness of the breach. A criminal record will also result which will likely impact a person’s ability to gain or maintain employment and affect the offender’s day to day life generally. For these reasons, it is critical that you seek independent legal advice if you are served with an application for a DVO.

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