VIC Family Dispute Resolution Unsuitable - What to Do Now?

[Kmacmumma]

I attempted family dispute resolution with my ex and a section 60i certificate has been issued by the practitioner saying it is unsuitable for our case. I went to my solicitor who got me to put in for Legal Aid, and they have said that process will take about 5 weeks.

I currently live about 40 minutes away from the children's father. The current arrangement is that the children are with me Sunday, Monday and Tuesday nights, with him Wednesday and Thursday nights and alternating weekends. There is no arrangement for special occasions as my ex won't agree to alternating or half/half. It is worked out just prior.

I am wanting the children to be with me for the Mon-Thurs nights with an alternating weekend, otherwise, my 8-year-old has to catch a bus to school at 7:15am for 40 mins and does not return back to her father's until 4:45pm. I only live 10 minutes from the school and work school hours. Her father has irregular work hours and his mother provides most care for the children in his time. Our 3-year-old is also in kinder 3 days per week close to my work and one day in my ex's town.

My ex won't consent to this, hence, I tried FDR. There is a history of domestic violence. My solicitor wants me to try conciliation and attempt to get an agreement into consent orders.

I don't believe this will work as my ex won't agree to anything, unless he gets a job that he has applied for 6 hours away interstate. We won't know the outcome of this for another 6 weeks.

I have no idea what to do in this situation, and just want a stable arrangement for the children. I don't think equal time is practical, however, think that significant and substantial time is.

Any help would be appreciated.

 

[Clancy]

Getting an agreement into consent orders would be a great thing.... it's legally binding! I have trouble with my ex, and I would love to get consent orders signed, but no luck. I guess there is not really much incentive for a stubborn-minded ex to bother signing it, that's the problem.

 

[AllForHer]

If you're unable to reach agreement, you can file an initiating application with the Court for parenting orders.

You'll need to provide an affidavit supporting why the orders you're seeking are in the best interests of the children.

This is a very slow process - you're looking at one to two years from initiating to either hearing or settlement. 95% of cases initiated in court settle by consent, so you may the father more motivated to settle with court proceedings pending.

 

[Kmacmumma]

I'Ve just been informed that the earliest I can have a FDR conference is August... Is there any way of making temporary arrangements? So frustrating, I attempted FDR in February, after being on a waiting list for 8 weeks. Section 60i certificate issued in March and this is all the progress?