Can You See Your Kids if You Have an AVO: Exploring the Possibilities
Can you see your kids if you have an AVO filed against you?
Having an AVO against you does not automatically prevent you from spending time with your children.
An ADVO protects not only the person named on it but also anyone who resides on the same property as them.
In addition to the protected person, any children living with them will also be included.
In this case, the defendant can be barred from seeing their children regardless of whether there are any allegations of violence against them.
When any interim or final parenting orders are being sought in the Federal Circuit and Family Court of Australia, having an AVO filed against you can affect the amount of time you spend with your children and the frequency you can communicate with them.
Can You See Your Kids if You Have an AVO and Can You Be Unfairly Accused in an AVO to Lose Parental Rights?
Can you see your kids if you have an AVO, and can you be unfairly accused in an AVO to lose parental rights?
Unfortunately, yes.
A PINOP or Applicant could use an AVO to suggest that the other person (the defendant) is a violent or otherwise unsuitable parent.
It happens even without substantial proof of violence against the defendant, or they if they have accepted the AVO without admission.
The purpose of an AVO is to protect the Person in Need of Protection (PINOP).
However, they can also cover anyone living with that person, including the children they share.
As a result, many family lawyers representing AVO defendants advise their clients not to consent to AVOs and will work to beat them.
Some AVOs are made on legitimate grounds, but some are used by parents fighting over children's custody as a strategic move.
Family Court judges are becoming increasingly aware of this in a child custody dispute.
If a parent is found to pose an unacceptable risk of harm to their child, they may be denied access without supervision to them in a family law court.
Children need to be protected from abusive parents.
However, one must also consider that a party may make unfounded claims to gain as much custody as possible.
What Does a Defendant Need to Do to Gain Access to their Children?
If you feel you have been unfairly targeted for an AVO, the first step is to consult an experienced family lawyer as soon as possible.
Family lawyers representing AVO defendants often advise them not to consent to AVOs and will work to defeat them.
Defendants must provide substantial evidence that they are not a threat or they are not to harm their children.
Conclusion
Question: Can you see your kids if you have an AVO filed against you?
Answer: Having an AVO against you does not automatically prevent you from spending time with your children.
An ADVO protects not only the person named on it but also anyone who resides on the same property as them.
In addition to the protected person, any children living with them will also be included.
In this case, the defendant can be barred from seeing their children regardless of whether there are any allegations of violence against them.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
