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Parenting

Intervention Orders and Family Law

How intervention orders interact with parenting orders. What to do if you have both, and avoiding breaches.

Splitifi Team7 November 20248 min read

Two Different Systems

Intervention Orders (IVOs/AVOs)

- Made by state/territory courts

  • Protect against family violence
  • Criminal penalties for breach
  • Also called: AVOs, DVOs, VROs depending on state

    Parenting Orders

    - Made by family courts

  • About children's arrangements
  • Civil (not criminal) enforcement

    When You Have Both

    Conflict Between Orders

    Sometimes IVOs and parenting orders seem to conflict:

  • IVO says "no contact"
  • Parenting order says "spend time with children"

    Which Prevails?

    Generally, the later order takes precedence. But there are important exceptions to allow parenting time.

    Safety First

    Courts try to balance:

  • Children's relationships with both parents
  • Safety of children and adults

    IVO Exceptions for Parenting

    Court-Ordered Exceptions

    Many IVOs include exceptions like:

  • *"Except as required to give effect to parenting orders"*
  • *"Except for communication about children"*

    Conditions

    Even with exceptions:

  • Follow parenting orders exactly
  • Use written communication only
  • Handover at specified location
  • No direct contact except as ordered

    Applying for Parenting Orders with an IVO

    You Can Still Apply

    Having an IVO against you doesn't prevent you seeking parenting orders.

    What Courts Consider

    - Safety concerns that led to IVO

  • Risk to children
  • Can safe arrangements be made?
  • Children's best interests

    If You're Protected by an IVO

    You Can Still Seek Orders

    Being the protected person doesn't affect your ability to seek parenting orders.

    Consider

    - What arrangements are safe?

  • Do you want contact between children and other parent?
  • What conditions would make it safe?

    Avoiding Breaches

    Know Your Orders

    Read and understand BOTH orders carefully.

    When in Doubt

    - Get legal advice

  • Don't assume
  • Better to clarify than breach

    Document Everything

    Keep records of:

  • Communications (using approved method)
  • Handovers
  • Any incidents

    Getting Help

    If You're Experiencing Violence

    - Call 1800RESPECT (1800 737 732)

  • Contact police if immediate danger
  • Seek legal advice urgently

    For Advice

    - Community legal centres

  • Women's Legal Services
  • Legal Aid
  • Ready to Take Action?

    Use our free tools to understand your situation and plan your next steps.

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