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Reply To: Intervention order

Felix Spencher

Hi Dasya,

Welcome to the forum.

I am assuming that you’re in Victoria since you’re using the terminology of “intervention orders”.

I’m going to summarize my response to you in order to keep things simple.

Feel free to ask more questions if you need to.

As you probably know the odds are stacked against most men that are defendant’s to protection order matters and/or respondents to FCC applications that their ex-wives/partner’s file.

In order for her to ratify/retain the existing almost exclusive care arrangement she currently has with the children she will have to apply to the Federal Circuit Court for parenting orders. So just be aware of that, as many spouses use protection order applications to bolster their Federal Circuit Court applications.

Given the plethora of free advice/support that’s out there for women these days the safe bet is that she is aware of this and (at least) considering it.

You may want to consider proactively filing your own Federal Circuit Court application for parenting orders at the Federal Circuit Court, so that way you’re the applicant rather than the defendant.

Also, if, as you say, she was behaving abusively as well on the night in question, you may want to consider filing your own protection order application against her. This can sometimes, for want of a better explanation, even up the “ledger” and prevent her from being seen (including at the Federal Circuit Court) as the only person that is the aggrieved.

I sense you’re concerned about your children and alienation and that is perfectly reasonable. Because it takes so long for these matters – regardless of their jurisdiction – to reach a final conclusion, it means that the process itself facilitates alienation.

Aside from filing your own Federal Circuit Court application as soon as possible and requesting parenting orders right off the bat that provide for more time with the kids; there’s no easy answer to that one I am afraid, as at the end of the day the only thing that really matters is the trial and the decision the court hands down within/after it.

All the other court/legal processes are really fluff compared to the trial.

My final advice to you would be to get good legal representation if you can afford it. Don’t just get any lawyer make sure you get one that understands both, the disadvantage men are at in the family/other courts, and also your case from a father’s/men’s right perspective.