Legal issues following a relationship breakdown rarely arise in isolation. For many clients, the immediate aftermath of separation involves navigating an Intervention Order while simultaneously managing the safety and well-being of their children – often in high-pressure, escalating circumstances.
This matter highlights the importance of taking decisive steps to protect a victim of family violence and establishing a structured, safety-first pathway for the children involved.
The Initial Situation
Our client, a mother based in Craigieburn, contacted Nardi Lawyers urgently following a family violence incident. She had applied for an Intervention Order (IVO) at the Broadmeadows Magistrates’ Court to protect herself and her children.
At that stage:
- The parties had recently separated due to a family violence incident.
- The mother was fearful for her safety and the emotional well-being of the children.
- There were no formal parenting arrangements in place.
Our client’s primary concern was ensuring that any future contact between the children and their father was safe, monitored, and contingent on rehabilitation.
The Interim Order and Protective Measures
An Interim Intervention Order was successfully obtained. While the order allowed for communication regarding parenting matters, our client was understandably hesitant to facilitate direct contact without professional oversight.
Relying on informal cooperation in the wake of family violence can place an undue burden on the victim and potentially expose the children to further risk. As such, we were engaged to act on behalf of our client for the family law parenting matter.
Family Law Parenting
To address our client’s safety concerns, we initiated discussions with the other party and, rather than a total cessation of the father’s relationship with the children, we negotiated a proactive, safety-led strategy, in the interim:
- Supervised Time: We successfully negotiated that the father’s time with the children be strictly supervised by a professional service. This ensured the children’s safety while maintaining their bond with their father in a controlled environment.
- Capacity Building: The pathway to unsupervised time was not automatic. It was made contingent on the father’s active participation in Family Violence Programs, as well as favourable reports from the professional supervision service.
- Parenting Education: To ensure the father could meet the children’s emotional needs, he was required to complete the “Tuning in to Kids” course, focusing on emotional intelligence and child-cantered parenting.
A Coordinated Legal Approach
At Nardi Lawyers, we understand the delicate intersection of Intervention Orders and family law. Our approach in this matter focused on:
- Safety First: Prioritising our client’s protection and the children’s psychological safety.
- Evidence-Based Progress: Creating a roadmap where the father could earn “non-supervised” time only after proving commitment to change.
- Strategic Coordination: Managing the Magistrates’ Court IVO proceedings in tandem with Family Law negotiations to ensure consistency.
From Crisis to Controlled Outcomes
By taking a firm stance on supervision early on, our client was able to move from a state of crisis to a position of stability. We moved away from the unpredictability of informal arrangements and implemented a structured legal pathway that held the other party accountable.
As the father completed his required programs and demonstrated a shift in behaviour, the matter eventually progressed to non-supervised time. This result achieved a dual purpose: protecting our client’s right to live free from violence while ensuring the children could have a safe, evolved relationship with their father.
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Michael0491 626 283
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Nicholas0493 141 014
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Nardi Lawyers Pty Ltd
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456 Lonsdale Street, Melbourne, Victoria, 3000
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