AVOs and Parenting Orders
The Courts must be informed of any AVOs or allegations of family violence when applying for parenting orders. It is important to consider how an Apprehended Violence Order (AVO) may affect parenting orders if inconsistencies arise. For example, in circumstances where an AVO prevents the defendant from going to the protected person’s property and the parenting order states that the defendant must pick up the children from the protected person’s home. The Family Law Act 1975 (Cth) provides that where a parenting order is inconsistent with an existing AVO, the AVO may be deemed invalid.
It is important to note that there are differences between parenting orders and parenting plans in which parenting plans are not considered legally enforceable agreements and, therefore, if inconsistencies arise between a parenting plan and an AVO, the AVO will be given preference.
If you are intending on separating and are experiencing current or historical family violence, we recommend reaching out to our experienced teams of family lawyers in North Sydney, Sydney CBD or Leichhardt to ensure that you are aware of the processes, safety mechanisms and probable outcomes, given the stressful and complex nature of these situations. The Norton Law Group can provide clarification of the relevant law and its relation to your individual circumstances.
