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

[Tim W]

(if they want)

This appears to be the sticking point?
The main thing is to be sure that they are
not just saying that because they don't want to upset Dad.

I know of one case where Mum had abandoned the kid to his father.
(at the time a "little kid").
She re-appeared during the kid's late teen years, seeking contact.
His Dad made sure to give the boy a genuine choice.
The boy wasn't interested.
Now, as a grown-up, employed, stable, fully functional, young adult, he still isn't.

 

[Noel Harris]

Court orders are read as a whole rather than as a strict hierarchy where an earlier numbered clause automatically overrides a later one. Each clause generally operates alongside the others unless the order itself expressly says one is conditional on another. Whether her lack of response to the 7-day consultation process for major decisions genuinely affects her separately agreed entitlement to spend time with the children depends on the precise drafting of your order. Responding to her lawyer asserting one clause overrides another risks misstating what the order actually requires if that link is not clearly there, which could complicate things if she applies to enforce the time provisions. Given the kids are teenagers it is worth having the order properly reviewed before you respond. Our Child Custody and Living Arrangements team can review the exact wording and advise accordingly.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.

 

[Danstar]

Update. As I figured, after a few lawyer letters back n forth and giving her the kids numbers she eventually stopped communicating with them, I’m assuming cos the kids didnt really care for it. Theyre pretty much adults now and other than a random message she sends them on birthdays. 0 contact. Our lives have way moved past even thinking about her