VIC Family Law - Can I Get an Interim Parenting Order?

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AllForHer

Well-Known Member
23 July 2014
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My view on things...

The AVO, I wouldn't fret about. If all of the allegations contained within occurred prior to 2011, it's unlikely the court will deem you a continuing threat, such that a protection order would be necessary, so you might like to consider contesting it to trial, rather than accepting without admissions. There's even a reasonable chance that she will discontinue it before it reaches trial. If she doesn't, I would argue the time frame of the application and the dated nature of the allegations would give you grounds to claim it is a frivolous attempt to manipulate proceedings for a parenting matter pending in the family court.

The parenting matter, you should be seeking more time than what you are. Since you can collect the child every weekend for such a short period of time, I assume you live close enough for more time to be facilitated. For a child's relationship with a parent to be the best it can be, it's generally accepted by the court that time with each parent should constitute a mix of weekends, weekdays and special occasions so that the child can enjoy the input from both parents in terms of traditions, school and homework routines, etc. On top of that, having the child every weekend will mean you get to enjoy all leisure time, and none of the work time while the mother gets predominantly work time and little leisure time. To me, it sounds like you're trying to be too fair to the mother, rather than thinking about what you believe is best for your child. I understand fairness, definitely, but it's better to be fair to the child, rather than just to the other parent.

Have you completed a post-separation parenting course? If not, I would also consider seeking orders that both parties attend one. They're very helpful.