LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Custody of Children and Visits - Difficult Ex

Discussion in 'Family Law Forum' started by Ecrutchy, 4 July 2015.

  1. Ecrutchy

    Ecrutchy Member

    Joined:
    4 July 2015
    Messages:
    4
    Likes Received:
    0
    My children want to spend time with me as I do with them, but I don't see them because their mother gives them the option so when it comes down to it they decide that they don't want to. How do I go about having my kids every second weekend like I am entitled to ( custody of children)?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Are there any orders or parenting plans currently in place? Have you attended family dispute resolution?
     
    Tim W likes this.
  3. Ecrutchy

    Ecrutchy Member

    Joined:
    4 July 2015
    Messages:
    4
    Likes Received:
    0
    We'd did a couple of years ago but a lot of things have changed since then. I just need a court order to say that I'm having the kids on my weekends.
     
  4. Ecrutchy

    Ecrutchy Member

    Joined:
    4 July 2015
    Messages:
    4
    Likes Received:
    0
    She just doesn't want me to have them and she makes me look like the bad guy because the kids say they don't want to come. Apparently I'm not putting in enough effort. It shouldn't take effort for me to see my kids!
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    A family consultant - the expert witnesses used to assess family dynamics for court proceedings - would give negative feedback on a parent who gives kids a choice about whether or not they see the other parent. Kids below the age of about 12 shouldn't be given a choice because they're not capable of deciding for themselves what's in their best interests, and it's a parent's duty to actively encourage the kids to spend time with the other parent.

    You'll need to organise a family dispute resolution conference with the other party to try and reach agreement about care arrangements for the kids. This is a mandatory pre-procedure step - if you can't reach agreement, you'll be given a s60i certificate enabling you to file an initiating application with the court.

    Remember, previous orders have effect until the kids turn 18, and different rules may apply dependent on the nature of the orders already in place. Are they parenting orders made after a trial at court; consent orders made by agreement of both parties and formalised by the court; or a parenting plan?
     
  6. Ecrutchy

    Ecrutchy Member

    Joined:
    4 July 2015
    Messages:
    4
    Likes Received:
    0
    Thank you for your help!! This is what I need to do and I will.
     

Share This Page

Loading...