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Can I Apply for an Order for police AVO?

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Interested Soul View Drop Down
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Joined: 28/November/2014
Location: Australia
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  Quote Interested Soul Quote  Post ReplyReply Direct Link To This Post Topic: Can I Apply for an Order for police AVO?
    Posted: 15/October/2017 at 02:39
I wanted to know if an application in the case can be made to seek following:
Order police to take out AVO against step dad.

Reason been: child reported serious case of abuse to police, at the time the police refused to do AVO. She's 7 and they said her story has inconsistency mainly due to the fact that she couldn't give exact dates. During family court proceedings, she was sent to court appointed psychologist who was convinced that the abuse did happed and has reported so. So have various other health professionals including girls go and child psychologist.

Child hadn't been in contact with step dad for about 8 months now, but he is again in her life now.

In NSW only police can issue AVO"s for children . There is currently an application for child custody in court due to parents unable to agree on shared time and child is now in care of mother n step dad ,

emca01 View Drop Down
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Joined: 20/July/2012
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 15/October/2017 at 09:19
sorry I am a bit confused by the last sentence.... Child is 'now in care of mother n step dad' is this a new step dad? or the bloke you want to take the AVO on???

Cops have been spoken to about the alleged abuse? TRUE? They refused an AVO and they refused to lay charges? They are the police right? It is their job to solve crimes, charge baddies etc... So if they have interviewed the child and have deemed that there is no criminal activity.

Not gonna like this bit.. Getting an AVO is pretty easy. They are a common tool used in family law to stop one parent getting to see the kids. So to answer your question... Given you've already gone to the police and they have refused to take an avo out on your behalf, the answer is YES you can apply for an order for the police to make an application for an AVO. But if they refuse.. What next? There is a risk in continuing to claim abuse when there is no solid evidence... IT can appear like you're making up stuff to sopt one parent from spending time with a child...

Edited by emca01 - 15/October/2017 at 10:23

Interested Soul View Drop Down
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Joined: 28/November/2014
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  Quote Interested Soul Quote  Post ReplyReply Direct Link To This Post Posted: 15/October/2017 at 12:18
After the incident of abuse (physical) dad took the child into his care for 7 months and mum only saw her on a few occasions (no sleep overs). All parties agreed that the child be returned to the mother after she insisted that step dad had moved out. Father recently found out that step dad had moved back in.
Problem is the court orders now are for child to live with mum (via agreement). No mention of anything is in place in relation to step dad. Dad was speaking to his daughter recently and she sounded very upset and too scared to talk which is normal knowing that she will be going back to mums house.

Interested Soul View Drop Down
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Joined: 28/November/2014
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  Quote Interested Soul Quote  Post ReplyReply Direct Link To This Post Posted: 15/October/2017 at 12:57
And to answer your question , no, dad gave child back to mum so he isn't looking at taking full time custody as mum is not the issue although he suspects that she is possibly a victim of domestic violence herself in her relationship.

Just to add a bit of clarity. At the time , dad contacted another police station who looked at the file and they said they would have taken out an AVO but they can't due to it already been managed by his local depot.   

Problem is like you said, everyone always suspects it to be a child custody issue when it's not the case . Police are always reluctant that one parent is teaching the child, I get that. But don't u think that it's better to be safe then sorry ??

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