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family court order help me please Lock Rss

so as some of you know i went through an ugly break up with my ex and now have an AVO out on him. he still speaks with my bil and i have now found out he is speaking with lawyers to take me through family court. also been told that he is gonna play dirty and his lawyer is gonna make him win(like to see that but im scared outa my mind).

i rang up a month ago for legal advice and was told while i have the avo that i dont need to do anything, unless i get paperwork to say he is seeking legal advice.

im scared outa my mind i wasnt ready for this yet. i need some advice. what happens, whats the cost, how do i know if im eligible for legal aid.

argh im so scared i cant afford to pay for a lawyer and i dont want my ex to get whatever he wants either, i just dont trust him.

mum to one goregous boy

No advice kathryn,
write down the questions you have and try giving them a call tomorrow.
Legal Aid Vic

Good Luck
i hope i help i went through a messy break up with my ex ds was nearly 3 i got legal aid i was on single parent pension and ftb so i think that u dont work u should get it covered through legal aid

the courts r so differnt now then wat it was 4 years ago i got told to wait for him to start procedding then c my lawyer

good luck

i got told to wait for him to start procedding then c my lawyer


this is what i got told when i rang up for advice. but im just so confused i dont understand the process and ive been told it costs a lot


and how do you find a lawyer
[Edited on 25/09/2008]

mum to one goregous boy

call around and ask if the do legal aid sum private places accept it as my ex went to the actial legal aid place i could go there so had to look else were.... he will send u a affadavid and then u book a appointment with a lawyer and give them that then u will say if u agree disagree and wat i want then just goes back and forth till it goes to court we didnt get that far we just did mediation and come o a aggreement

and it is

every alternate thurday 5 ill 7:30pm

then every 2nd weekedn friday 5pm till sunday 2pm
share bdays and christmas and easter then he has him fathers day and i do mothers day
thanks that helps a bit. im just scared. he has no stable housing, i dont know who he hangs around, he has a drug habbit, assault history etc and i really dont trust him alone with ds.

so if i dont agree and it goes to court the judge would decide right?

and yeah i think he has gone through legal aid. so i just ring around but legal aid would still pay for it, is that right

mum to one goregous boy

with his history they might want supervised visits umm yeh call around c if they do legal aid and jut wait for him to get the ball rolling he can say alot of nasty things but they dont care
thanks for the help

mum to one goregous boy

go register with legal aid asap so that he cant register first.

Also with his history I doubt they would give the child to him. I would draw up a custody arrangement asap too.

Mum to 5 amazing gifts from God. 3 girls 2 boys

with his history they might want supervised visits umm yeh call around c if they do legal aid and jut wait for him to get the ball rolling he can say alot of nasty things but they dont care
Basically you will be contacted to do mediation either seperately or together, you dont need a lawyer for this but you can have 1 represent you legal aid can cover these costs

If you cant agree in mediation you can take it further ie. family court but the judge will make all final decisions if this happens you will need to go by yourself or pay for a lawyer as VIC legal aid no longer grant this

Hope this helps, I am in the middle of lodging documents with family court so they will be stamped into legal orders, what a bloody nightmare I tell ya

Also just wanted to say that Parenting orders can override AVOs so be careful with what you decide
[Edited on 26/09/2008]
hello hun,

really sorry to hear about the situation you are in! the above post is absoloutly right about it being a nightmare. a friend of mine has just come through 4 years of family court hell, i dont have a lot of advice but be ahead of him at all times.

*threats of every kind (on the phone, letters, sms etc) note the exact! day, time and length of it, and what was said. You need to be 2 steps ahead of him at all times;

* contact legal aid asap you are eligible for legal aid.
*try to keep as calm as you can throughout the whole thing. Do not contact him etc and he cant contact you unless through a lawyer etc

* if he braches the avo ring the police straight away; my friend didnt and later regretted it.

I wish you the best of luck, try ro be as calm as you can, talk to someone that can help and please dont feel alone smile
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