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VIC Family Court - How Long Should Final Parenting Order Be?

Discussion in 'Family Law Forum' started by Jace, 29 April 2016.

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  1. Jace

    Jace Well-Known Member

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    I'm currently re-writing my proposed Final Parenting Order (representing myself in family court).

    I did have it at 7 pages long, but I've taken out a lot of crap that didn't really need to be there, and tidied it up. It is now 3 and a half pages.

    Is that still too long to be accepted by the family court, or would they accept a proposed 3.5 pages as an acceptable length for an Order?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Don't think about length. Think about content. If it needs to be more detailed to avoid ambiguity that might lead to problems in future, so be it.

    Though I do agree with leaving out any clauses that are petty. For example, ours has a stupid clause in it about the child not driving with someone who is over the blood alcohol limit, and another about using appropriate child restraints. Those are entrenched in law, why do they need to be parenting orders? But we agreed because it was easier than arguing them out and risking the ex backing out of the consent orders.

    The main issues that should be covered:
    - parental responsibility;
    - lives with;
    - spends time with (including holidays and special occasions);
    - phone calls, if any; and
    - some clause for how disputes are settled.
     
  3. Jace

    Jace Well-Known Member

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    Looks like I might have it all covered then. Thanks yet again :)

    Her barrister put in the Interim Order that if I don't have a suitable child restraint (booster seat) then my time with him would be suspended. I said it's pointless putting it in there because that's law anyway. He still insisted it be put in there.

    But he was a very poor barrister. And her solicitor as well... I've got no legal training, apart from reading through the Family Law Act, and somewhere with only that, managed to beat them in two separate hearings.

    I've written this proposed Final Parenting Order which now stands at 3.5 pages because I was told by both her barrister and the duty lawyer that 7 pages was far too long. But then, the duty lawyer wasn't all that great at his job either - he said there would be no chance of getting visits with my son any more often than fortnightly. I pushed through with it and the judge agreed that I should see him weekly.
     
  4. sammy01

    sammy01 Well-Known Member

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    Ignore the dumb stuff. Go to an approved seatbelt installer, pay them $10 to make sure the kiddie seat is 'correctly' installed and keep the receipt in your wallet.

    Sounds crazy but sit down with some chess pieces. Label them as stuff like drop off place, you - her - child care centre or whatever. Read through the orders and move the pieces accordingly. Use this to check for any mistakes or omissions. So for example, my orders state that we meet at noon on all occasions.

    Except 1. It says something like "If Father's day is when the children would usually be with their mother, then her time with the children is suspended from Saturday until 5pm on Father's day".
    So father's day comes around, I go to change over place at noon - no show.

    I call her, she delights in telling me that the orders don't stipulate a time. I ask her very calmly what time would she like to meet. She says, "Um, how does 4pm sound?"
    I suggest it would be good if we could meet earlier, she is thrilled to say no. At 3pm, she texts to say she'll be there at 5pm. Ggrrr.... She gets there at 5.30 and smirks while she apologises for being a 'little bit late' and mentions something about the orders not stating a time.

    Moral to the story - check everything pertaining to times, dates, locations, etc. and ignore silly stuff, just learn to smile and nod...
     

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