VIC Contesting IVO - and further and better particulars

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tigerman2705

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22 April 2021
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Hi Rod. Yes I asked for further and better particulars but the magistrate said that I can do that if I wish at the directions hearing via my lawyer. He said he thought the allegations were already well particularised (I beg to differ, they are very broad and not specific) He was polite. I don’t know why next hearing isn’t the contest - I thought it went mention, directions, contest?
 

Rod

Lawyer
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You are correct, though it is possible to cut out the directions step in some circumstances.

Saves a few months off the timeline.
 

tigerman2705

Well-Known Member
22 April 2021
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Back at court today - she had a duty lawyer representing her. Have managed to get order modified to communicate with children via social media, text and email. Also got the “within 100 metres of schools, workplaces etc” withdrawn due to us living in a country town - it just wasn’t practical. Will now focus on lawyer getting an agreement sorted with her solicitor. Hopefully won’t end up at court but you never know. Kids want to see me - eldest wants to live with me 100% of the time. I’ll get there eventually.
 

tigerman2705

Well-Known Member
22 April 2021
49
10
154
Back at court today - she had a duty lawyer representing her. Have managed to get order modified to communicate with children via social media, text and email. Also got the “within 100 metres of schools, workplaces etc” withdrawn due to us living in a country town - it just wasn’t practical. Will now focus on lawyer getting an agreement sorted with her solicitor. Hopefully won’t end up at court but you never know. Kids want to see me - eldest wants to live with me 100% of the time. I’ll get there eventually.
Decided against contesting because it would be too drawn out and expensive. Even though there is no evidence to back up her allegations.
 
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Atticus

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6 February 2019
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Have managed to get order modified to communicate with children via social media, text and email. Also got the “within 100 metres of schools, workplaces etc” withdrawn due to us living in a country town - it just wasn’t practical.
Some wins ... Thanks for feedback.
 
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tigerman2705

Well-Known Member
22 April 2021
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154
Some wins ... Thanks for feedback.
Footnote to this is that after several months of living 90 minutes drive away at my mum’s I have now secured a nice modern townhouse with my eldest child’s school 60 metres from the back fence. The school the other two go to is 600m away. Perfect. I will also work a couple of days from home when I get the keys. I’m perfectly set up to take a huge share of the parenting. Ex lives 20 mins drive away.

Eldest daughter (16) still wants to live with me 100% of the time, middle child (14) wants at least 50-50 but most likely more, as does the youngest (11).

Communicating via social media is allowed under the order - Instagram and messenger have audio and video functions. Being in touch with the kids beyond the once a fortnight has been great.

Ex’s solicitor has previously offered a 50-50 arrangement 18 months ago which was withdrawn for no real reason (most likely child support I reckon). My solicitor will reach out to the other side to see if they’re receptive to nutting out an arrangement - if not it’s off to court I guess.

thanks to all the regular contributors who offer so much assistance across all threads- I really appreciate and I’m sure many others do too.