I am the grandparent. Trying to assist my daughter who is very distraught with the "system" There is an IVO taken out

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Customer: I am the grandparent. Trying to assist my daughter who is very distraught with the "system" There is an IVO taken out against the offender. Her husband. the IVO wasput in place by Moorabbin Magistrates court to cover 3 people. My daughter to enable her to exit, her 22 yo son and also the 18month old baby. she is also 7 months pregnant. Through the most hideous lies the offender has hired a shrewd an aggressive lawyer who began by harassing after hours 7.15pm on the Tuesday straight after my daughter fleeing over the Victorian Border to NSW and was in Isolation without access to computer or any help or resources. He demanded the if she didn't agree to child access/parenting arrangements right then and there that she would be answerable in the Family court (this was projected in a very menacing way. She was in the middle of trying to wash the baby and settle him for bed, and didn't know whether it was a mate of the offender making the call. subsequently the offenders lawyer brought the matter to the family court on the Thursday (after hours again) on the guise that the child was in danger and that service of documents were. being denied. She replied that there was an Ivo in place (and that prohibited the offender coming within 200metres of wherever she and the children were residing. The Lawyer said that family law trumps an Ivo. The IVO proceedings was on foot a week before. The lawyer also put on the application that there was not health or other issues with the respondent. UNTRUE and that was and is known. My daughter has an autoimmune disease (which was in remission prior to this ) This is greatly aggravated by stress and anxiety. She is also 7 months pregnant with another IVF bub. she has a high risk pregnancy and has these additional high risk issues. WE thought that criminal law supercedes the family law assertions.
JA: What steps have you taken? Have you filed any papers in New South Wales family court?
Customer: My daughter is only out of isolation 2 days. she fled Victoria. the applicant has begun or believes he has begun a case in the Victoria family court. Can she file in the NSW family court
JA: Have you talked to a lawyer about this yet?
Customer: No only regards ***** ***** because that is scheduled for the 20th of November.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is the criminal matter and that needs to be escalated as the family law cour t doesn't want to wait for the determination of the IVO, even though child support are in favour of the IVO continuing
Answered by John Melis in 4 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. If I understand you correctly I suggest the following:

Parenting can be resolved amicably without court proceedings through family mediation with a counsellor or lawyer.

The Family Relationship Centre is an excellent option. You will be able to mediate the process without a lawyer. You can control the situation in the way you require for the protection and best interest of your child.

The Court assumes equal responsibility for the care and provision of children. However, various factors will influence this assumption. Factors include the current care arrangements for the child, finances, drug use, moral issues and criminal behaviour.

Despite the strong emphasis given to shared parental responsibility after separation, the paramount consideration of the Court remains the best interests of the child. Shared parenting outcomes are desirable, indeed preferable, but only where this is consistent with the best interests of the child.

There is a presumption that “equal shared parental responsibility” is in the best interests of children. An order made for equal shared parental responsibility imposes an obligation on the Court to consider ordering “equal time” or “substantial and significant time”.

Where the Court issues an order for shared parental responsibility, it imposes on parents an obligation to consult on “long-term issues”.

Long-term issues are defined explicitly in the Family Law Act to include matters such as health, religion, education, change of name and changes to living arrangements that make it significantly more difficult for the child to spend time with the parent.

The Court must also consider whether each parent has in the past fulfilled their responsibilities as a parent.

Parents can come to an agreement between themselves about their children’s care post-separation, without involving any court process. This agreement is a “parenting plan”. Because it is developed and agreed between both parents, there is no need for the Court’s involvement; it is an informal agreement.

A parenting plan will generally be more successful where there is a high degree of cooperation and low conflict between the parents.

Parents are free to alter the terms of the parenting plans whenever they wish. For example, where the child starts school and arrangements for the school holidays need to be made. In this way, parenting plans provide flexibility.

The parties to a parenting plan will generally be the parents of the child but could include other persons such as grandparents or step-parents who are involved in the care, welfare and development of that child.

The Family Law Act 1975 encourages parties to settle family disputes and to use litigation in the court system only as a last resort.

With respect to your lawyer, what I suggest if you're not comfortable with the way they are running the case, that you change the lawyer immediately before the proceedings get too far.

​I thank you kindly for reaching out today.

I appreciate your assistance with a rating of five stars, as this helps me support the community.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
The Father has a criminal history in NZ. He is a NZ citizen who has chosen not to become an Australian citizen as his criminal history will follow him. No opportunity for mediation was offered whatsoever. In spite of the IVO on foot his lawyer at 7.15 at night pressured my daughter to make arrangements there and then or otherwise the family court would deal with her. We see this and many other issues as Systems abuse
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John Melis, Expert

Your daughter has a right to be protected. If the lawyer is not acting in your daughter's best interest, I suggest that you change the lawyer immediately.
Customer
It's the perpetrators lawyer and the judge at the family court which does not recognise her rights. She is only 2 days out of isolation and has no support
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John Melis, Expert

When the lawyer is engaged, they are supposed to give you a work agreement called a ‘cost agreement’.The cost agreement explains the legal service and fees and assists in raising a dispute against the lawyer.Then where the cost agreement has exceeded its work parameters, the lawyer needs to provide an updated contract to explain what is the cost moving forward.
If the lawyer has failed to act, you can then dispute the lawyers work by raising a claim with the Legal Services Commissioner LSC.You can contact the legal services commission with the online application form. The LSC will act promptly by investigating the matter.When you raise the dispute with the LSC, they will investigate immediately.Where there was no work agreement from the lawyer, this will help in aid in your situation. The act by the lawyer is a breach of the professional rules of a lawyer. Therefore some or all of the costs of the invoice may be void.
If the lawyer mishandles your file, discipline reaction will occur.The LSC will protect your legal rights if you have been wrongly or overcharged for the legal work provided.
Customer
It's his lawyer not hers so would disciplinary action still apply
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.
Customer
What state are you in? Do you specialise in criminal law ie ivo matters or just family law??
Customer
Are you nsw or Vic?
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John Melis, Expert

I am in Melbourne.
Customer
Ok that helps I guess.will this come under Vic or be considered nsw now?
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John Melis, Expert

Family law is the same throughout Australia. So the one law applies.
Customer
that is something at least. what about the IVO which child protection are accepting however the family law are not allowing due process.
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John Melis, Expert

The domestic violence matter is handled separately to the family law matter. But the family law matter can resolve the issues in regard to parenting.
Customer
Which takes priority why would they push to have a child subjected to risk of violence. Or to rush matters through before ivo matter decided
Customer
Husband has a criminal record in NZ how can we subpoena that?
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John Melis, Expert

it can.
Customer
I agreed to the $8 payment I am not sure if the sie has taken it for you
Customer
How? Do we acquire the criminal record
Customer
Who can apply fir a subpoena
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John Melis, Expert

Your lawyer.
Customer
We need a crack shot criminal/ivo/Avo lawyer.
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John Melis, Expert

There are very good lawyers in Melbourne that can assist you with this type of process.
Customer
Who are the crack shots. Some are biased against women's. My daughter has experienced mental and verbal abuse for 8 years . ( akin to patty hearst syndrome) he never consummated the marriage on the honeymoon. Made her believe she was a nymph ... no comfort when she would cry. Lies during any counselling attempts.. emotionless.
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.
Customer
I put my card details and clicked to accept more than once
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John Melis, Expert

Thank you.
Customer
Am I talking to you live or computer
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John Melis, Expert

you are. I am a real person at the time is 9.30 AM.
Customer
great
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John Melis, Expert

Welcome.
Customer
how can the husbands criminal record be requisitioned. the Magistrates court gave my daughter the details of someone who just calls themselves a "court lawyer re the IVO" however we need better and faster action. No time or money to get just anyone. Need an EXCELLENT lawyer for IVO. Otherwise is it possible to subpoena the criminal record onself to have it ready . Cant afford delay. The family law court is wanting to walk over the criminal process
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John Melis, Expert

What you need to do at this present moment is engage a lawyer to help you with the next steps.
Customer
The other "court" style lawyer only proposes to get some info 2days before the IVO hearingon the 20th November.
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John Melis, Expert

Legal AID Victoria 



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Tel: (03) 9300 5333Keep in mind legal aid is means tested and in the unfortunate situation you're not successful with legal aid there are numerous lawyers and law firms that do provide pro bono services to the community to assist the person in need. To find these of law officers all lawyers you'll need to contact various law firms directly and find out if they have a pro bono program which you can apply for

Pro bono means that the client is not charged for the legal services.
Customer
where can you find a lawyers reputation as to who is successful. My daughter would qualify for legal aid. In my experience there are lawyers and there are lawyers.
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John Melis, Expert

Please use the details I provided above and call one of the law locations.
Ask a lawyer and get your legal questions answered.
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