VIC Change of parenting plan

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Sal1

Well-Known Member
24 June 2016
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My daughter's final parenting orders were finalised Nov 2018. Since that time there has been one a change by mutual agreement with more time allocated to my daughter. My 7 yr old granddaughter wants to live with my daughter full time which has been agreed by her ex partner & step mother . They have said that
 

Sal1

Well-Known Member
24 June 2016
39
0
121
My daughter's final parenting orders were finalised Nov 2018. Where the child was to live with the ex partner .Since that time there has been one a change by mutual agreement with more time allocated to my daughter. My 7 yr old granddaughter wants to live with my daughter full time on a permanent basis which has been agreed by her ex partner & step mother . With having her every second weekend only after the end of this term . They have said that their lawyer said they is no need to get anything new drawn up . They are offering to do a stat Dec for Centrelink purposes , would this suffice as a new parenting plan?. I have read that a new parenting plan has to replace the existing final orders , is this correct ?
My daughter would like something in place so they do not just change their minds .
Appreciate any suggestions.
 

Sal1

Well-Known Member
24 June 2016
39
0
121
What does she need legally to protect this new parenting agreement? Is a Stat Dec sufficient ?
 

Sal1

Well-Known Member
24 June 2016
39
0
121
Stat Dec for Centrelink us to provide proof of principle carer which will enable my daughter to apply for parenting payment.
Yes they were adhered too, as mentioned previously, the final court orders have changed by mutual parties as my granddaughter wanted to spend more time with her mother ( my daughter) .
 

Sal1

Well-Known Member
24 June 2016
39
0
121
If you mean the final court orders finalised in 2018 , yes they were agreed to .
In relation to the new orders proposed, they both agree but my daughter is hesitant that if it's not made legal and not just agreed on the ex partner can pull the card that he has changed his mind
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
349
27
659
Okay.

The confusion here is that the ex and your daughter are not entering in to new orders.

It seem that they have just come to an oral agreement.

It would be good if they entered in to a parenting plan to document the new agreement, or even better file a new parenting order with the court.
 
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