Former Why Don’t We singer Jack Avery is asking a judge to reject influencer Gabbie Gonzalez’s latest attempt to regain contact with their 7-year-old daughter, arguing that an existing criminal protective order currently prevents Gonzalez from communicating with the child.

According to court documents obtained by TMZ, Avery filed an opposition to Gonzalez’s request for visitation and video calls with their daughter, Lavender. Avery argues there is no emergency requiring the court to change the current arrangement, particularly with their custody dispute already scheduled for trial on October 20 and 21.

The filing marks the latest development in an extraordinarily complicated custody dispute unfolding alongside a separate criminal prosecution in which Gonzalez is accused of participating in an alleged murder-for-hire plot targeting Avery.

Gonzalez has pleaded not guilty to the criminal charges. The allegations against her have not been proven at trial.

Avery Points to Existing Protective Order

At the center of Avery’s opposition is a criminal protective order that he says already prohibits Gonzalez from having direct or indirect contact.

Avery argues that allowing visitation or video calls before the October custody trial would conflict with those restrictions and disrupt the stability their daughter has developed under the current arrangement.

According to TMZ’s reporting on the filing, Avery told the court that Lavender is “happy, healthy, and thriving” while in his care. He said she is attending school, spending time with friends and participating in extracurricular activities.

Avery also disputed the urgency behind Gonzalez’s latest request. He accused her of attempting to “hijack” the upcoming custody trial by seeking a change before the court hears the broader dispute.

The judge previously rejected another request from Gonzalez for parenting time in July, leaving existing protections in place. At that time, the court scheduled the parties’ domestic-violence restraining-order proceedings for October 20.

Two Women Submitted Declarations Supporting Avery

Avery’s latest filing also includes declarations from two women who have had contact with Lavender during the dispute.

One is Avery’s former girlfriend, Alexis Abner. The other is Shelly Woodcox, who briefly fostered Lavender following Gonzalez’s arrest.

Woodcox alleged that Lavender initially blamed Avery for her mother’s arrest and at one point refused to speak with him, saying the arrest was “his fault.” Woodcox said those comments raised concerns for her about what Lavender may previously have heard regarding her father.

Abner separately alleged that she had heard Gonzalez make negative comments about Avery in Lavender’s presence. According to TMZ, Abner expressed concern that renewed contact between Gonzalez and the child could create additional confusion or emotional distress.

Those statements are allegations contained in declarations supporting Avery’s position; they should not be treated as independent findings by the court.

Custody Battle Became Entangled With Criminal Case

The dispute between Avery and Gonzalez took a dramatic turn in May when Gonzalez was arrested and charged in connection with an alleged plot to kill Avery.

Los Angeles County prosecutors charged Gabriela Gonzalez, her father Francisco Gonzalez and Kai Cordrey with offenses including attempted murder, conspiracy to commit murder and solicitation of murder. Prosecutors allege the purported scheme grew out of the longstanding custody conflict involving Avery and Gonzalez’s daughter.

Authorities allege that the defendants discussed hiring someone to kill Avery and explored using cryptocurrency and the dark web as part of the purported plan.

According to prosecutors, the alleged conspiracy stretched back several years. An undercover law-enforcement officer eventually posed as a potential hitman during the investigation.

Gonzalez has denied criminal responsibility and pleaded not guilty. Her defense has disputed the prosecution’s version of events, meaning the underlying murder-for-hire allegations remain accusations unless proven in court.

Avery Sought Sole Custody After the Arrest

Shortly after Gonzalez’s May arrest, Avery went to family court seeking protection for himself and their daughter.

He requested a temporary restraining order and asked for sole legal and physical custody of Lavender. A judge granted the temporary restraining order.

Avery alleged in that proceeding that federal investigators had informed him of the purported plot against him. He also told the court that he feared for his safety and wanted authority to arrange therapy for Lavender as she processed the upheaval surrounding her mother’s arrest.

In July, Gonzalez sought parenting time with Lavender, but the judge denied that request and maintained the existing protections while the larger family-court dispute moved toward trial.

Her latest request represents another effort to establish some form of contact, this time including video calls.

Avery remains opposed.

October Could Be Crucial for the Family-Court Fight

The next major development is expected in October.

According to Avery’s latest filing, the custody matter is scheduled for trial on October 20 and 21. Avery’s position is that the court should leave the existing arrangement untouched until the parties can present their arguments and evidence at that proceeding.

The family-court dispute and criminal prosecution are separate legal matters, even though the allegations in the criminal case have become central to Avery’s arguments over custody and contact.

The custody court will determine questions involving Lavender’s care and parental access under the applicable family-law standards. The criminal case, meanwhile, will determine whether prosecutors can prove the charges against Gonzalez and her co-defendants beyond a reasonable doubt.

Until those proceedings move forward, Avery is asking the family-court judge to maintain the status quo: Lavender remains in his care, and Gonzalez does not receive the visitation or video calls she is currently seeking.

For Avery, the argument in his latest filing is that there is no reason to change that arrangement only weeks before the custody dispute is scheduled to reach trial.