VIC Court order points - higher numbers precede the lower numbers ?

[Danstar]

I have a court order where I am the 100% sole carer of my 2 kids. For the last 10 years my ex has made 0 attempt to be in my kids lives. The court order has this as point 1. That I am sole carer. Point 2 says I should advise the mother of any major decisions concerning the kids with sub points stating I give her 7 days to respond. I advise my decision post her opinion and the last sub point says if she gives no response I am entitled to presume that she does not want to be involved and I can decide what to do.

A few point numbers later it talks about she spending time with the kids which are agreed upon by both of us in writing.

Now things where my question begins.

Does point 2. Precede point 4?

As 10 years later I have now received a letter from her lawyer saying she wants to see the kids and has planned X amount of days of activities with the lawyer referring to the court order point 4.

I will discuss this with my kids who are my teenagers, but can I go back to the lawyer and reply saying “pursuant to point 2, your client has made no attempt to respond to any issues regarding the kids and I have made the decision to not go forward with her planned visitation”? (Or something along those lines)

 

[Rod]

You are conflating 2 different issues and would likely lose if you go to court arguing 2 has precedence over 4.

Point 2 is about lifestyle decisions.
Point 4 is about time with the kids.

Precedence has no part to play with these 2 points.

Point 4 can likely be challenged IF the children say they do not want to visit and they are sufficiently independently minded. Try negotiating if the kids agree to see mum. Remember this about what is best for the kids, not what you think is best.

 

[Danstar]

I agree 100% Rod and was am just getting advice before I discuss this with my kids.

I said the same to my current partner; who is against the kids seeing her but I said it has nothing to do with our feelings or emotions. It’s what’s best for them and what they want/need.

It has been 10 years since she has seen them with an odd conversation with my eldest where his grandmother a few times has tried connecting their mother back with the kids.

it’s going to be a. Bit of a shock for them and I suspect they might agree to seeing her. But not everyday for 7 days straight as her lawyer has laid out in the letter. It can’t go from 0 to 100 out of the blue. I’ve tried making arrangements with her 7 years ago to no avail. Thanks for the reply

 

[Danstar]

Ps. Glad to see you’re still here. I checked my last post which was quite a few years ago and you helped back then too

 

[Danstar]

You are conflating 2 different issues and would likely lose if you go to court arguing 2 has precedence over 4.

Point 2 is about lifestyle decisions.
Point 4 is about time with the kids.

Precedence has no part to play with these 2 points.

Point 4 can likely be challenged IF the children say they do not want to visit and they are sufficiently independently minded. Try negotiating if the kids agree to see mum. Remember this about what is best for the kids, not what you think is best.

Just a bit of an update on what I’m thinking to do.

Firstly I want further clarification on what my ex expects after these visits and why has she asked for this now, 10 years later?

She is living in the USA;

why book a “holiday” and and use this as your reasoning g to want to re-unite with your kids and worse yet, only give me and them a weeks notice.

 

[Danstar]

Hi ROd,

I have written a reply email to the lawyer re: my ex's request to see the children.

Do you think I could forward it to you before I send it off to her lawyer ?

 

[Rod]

Yes. BTW, are the kids at risk of being taken to USA?

 

[Danstar]

Yes. BTW, are the kids at risk of being taken to USA?

I have the kids passports. THey are teenagers now, so they have phones and if they do want to see her. I will be either be right there with them or within eye contact off on the side (I'll leave it up to the kids to decide)

 

[Tim W]

I have the kids passports. THey are teenagers now, so they have phones and if they do want to see her. I will be either be right there with them or within eye contact off on the side (I'll leave it up to the kids to decide)

Make sure that they do not have (and can't get) a passport of any other country of which they might have citizenship.

 

[Danstar]

Yes. BTW, are the kids at risk of being taken to USA?

Make sure that they do not have (and can't get) a passport of any other country of which they might have citizenship.

I’m sure. Their mother has had 0 contact with them over the past 10 years.