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What are the practical effects of these conflicts?
What are the practical effects of these conflicts?
Parenting proceedings and domestic violence proceedings are often interconnected. Magistrates are aware of this and the implications orders impacting upon parenting orders may have on parents.
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Accordingly, many Magistrates have opted to include additional terms when making a Protection Order which effectively preclude a term of the Protection Order if it impacts upon an existing Parenting Order. An example is outlined here for you.
Typical term contained in a Protection Order:
“The respondent is prohibited from following or approaching to within 1000 metres of the aggrieved when the aggrieved is at any place” Notation made by a Magistrate in consideration of the practical implementation of a Parenting Order:
“This condition does not apply when having contact with a child or children as set out in writing between the parties in compliance with an order of a court, or when having contact authorised by a representative of the Department of Communities (Child Safety) with a child or children”
If a clause such as the above has not been included in your Protection Order and the provisions of the Protection Order essentially prohibit your compliance with Parenting Orders, there are ways you can rectify this.
Family gives you the roots to stand tall and strong.