VIC Family Court - Will Two Sets of Parenting Orders Work Together?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Corinne

Well-Known Member
31 October 2015
117
5
389
Hi,

I have a potentially messy and confusing situation forming and I just wanted to reach out and see if anyone at all has had an experience remotely similar or is able to offer some insight into the possible outcomes.

My partner has parenting orders in place with his ex with regard to their 5-year-old son who lives 45 minutes away. Every second weekend and half of school holidays. The reason the time is so sparse is that she's just moved back from interstate and we haven't submitted an application to increase time based on change of circumstances yet. We're thinking of possibly moving the 45 minutes and going for 50/50.

Anyway, the ex has recently split up with the new partner, to whom she also has a son.

Are the courts generally happy to create new orders for a child that have to be workable with orders that are already in place for another child? Even if it means the new child potentially misses out? (His dad still lives interstate, 400kms away).

Can the other non-resident parent apply for his child to live with him based on the fact that his child's time with him will potentially be impeded by the orders she already has to follow?

Would this messy situation work in our favour for increased time or make it more difficult?

As far as I know, family court proceedings to do with the other child haven't commenced but their relationship is hostile at present so I feel it's inevitable.

Any thoughts would be appreciated.

Thanks.
 

Corinne

Well-Known Member
31 October 2015
117
5
389
The reason I'm trying to find out options the other parent has is because there's a clause in the orders she has with my partner that state she's not to move their son more than 20 kms without his written consent.

So if the other parent fights for his son and the ex wants to/has to move back up there, we'll end up in a relocation battle.