VIC Child care agreement breach by mother having the custody

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Ven55

Active Member
24 February 2019
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0
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Hello, Legal experts out there. I humbly request guidance in the case of one parent getting rigid to change the child care agreement according to her way in Victoria. Please help as it is causing unnecessary stress.

As per the family court agreement settled two years ago and being followed currently: (divorce and financial agreement also settled)
Mother has the custody of 12 year old daughter. The daughter visits the father fortnightly Friday to Sunday in the following arrangement:

  • During school days, the father to pick the kid from school at 6pm on Friday (fortnightly) from school daycare and drop back on Sunday evening at 6 at a shopping mall mid-way between the two ex-partners' houses.
  • During school holidays, the father to pick the kid from Mcdonalds nearest to the mothers house and the mother to pick the daughter from the nearest Mcdonalds from fathers house at 6pm Sunday.

The daughter has now moved to high school (no day care) near to her old primary school and her mother wants the father to pick her early at 5.00pm from a library near to her school. As the father has to travel nearly 35 km, (70-90 mins drive) he can only pick at or after 6 pm. The father is not aware of the arrangement on how and where the daughter stays between 3.30 to 6pm until the mother finishes work.

The father has given the following options to mother:
  1. The father to pick late at 7pm from MCdonalds near kid's school and rest arrangement stays the same.
  2. The father picks the kid from her mother's home and the mother picks her back on Sunday from the fathers home.


The mother is not ready to accept any of these options.

What are the options with the father if the mother is not ready to drop the kid at 6pm or later?
What process to follow? What are the chances? What is best to do with least damange.
The father wants to keep getting the custody of the daughter as per the agreement.
Thank you so much for the help in advanced.
Thank you so much.

As Sukriti has moved to Vermont High School, I want to follow the court agreement and pick her from school at 6pm today. If you want, I can pick her from Mcdonalds Ringwood also. Please let me know which location suits you the best
 

Dpj

Well-Known Member
1 July 2020
147
7
414
It seems to me that court orders say mother has care of kid from 3pm to 6pm. The mum needs to help work it out. Seems like the father is offering reasonable solutions. how does the kid get home to the mother's house? Walk/transport? How far is the Macca's from the mum's home? Could the kid get home and then cab to Macca's? A pain in the butt for the kid though. The mum might have to dip into her pocket to provide some entertainment for the child each Friday after school (movie, time zone, whatever a 14yo does these days). Besides 5pm, which seems undoable for the father, what else has the mum proposed? Has the kid made any suggestions?
 
Last edited:

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Question - where does child go after school on the days the child is in mum's care? I"m guessing the kid finds her way home as is a latch key kid until mum gets home? So if you go hard and say, nope, you'll pick the kid up Sunday, then you'll likely find mum will say fine and you'll lose that night.

Solutions...
1. Apply to court. Realise that the judge may order you to pick the kid up at 3.
2. Talk to your boss. Knock off early every second friday and be there to pick the kid up at 3pm - This is the option I would recommend. Franklly, and sorry to sound rude. But picking a kid up at 6pm - driving home 7pm.... You only get an hour or two until bed time. Mate, knocking off early, picking the kid up from school and spending time with the child sounds like a better option. 13 yr old is growing up fast. Mate you're not far from her getting a job at the weekend etc etc and possibly not wanting to move from house to house and missing out on the teenager stuff that happens with her mates at the weekend...