VIC FCC Hearing Duty List

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

miguel

Well-Known Member
30 May 2018
98
8
314
Hello all,

I am self representing with the first hearing next week called a hearing duty list at the FCC. I have applied for interim and final orders. Here are some notes;
  • The ex didn't participate in the pre-action procedures at all. She will say she found the process intimidating and wanted to return to FDR. I accepted FDR offer but only with a view to consent orders but she refused that. I then issued an initiating application.
  • 60I has been issued.
  • Have a FVO that was first heard in late May but the magistrate adjourned it until after the FCC hearing. The duty solicitor thought her case was very light.
  • I see the kids every second weekend from Friday to Sunday and every Wednesday.
  • For some reason, the ex hasn't disclosed why, she has denied access during holidays despite a parenting plan saying the girls should spend days with me increasing to one week.
  • I have outlined the issues in dispute.
  • She's now got a solicitor but that solictor says they haven't received instructions to negotiate prior to the hearing.
  • The ex is selectively uncommunicative. One minute she's sending advice saying we should stick together to support the kids, the next she is refusing to reply to correspondence.
  • We have agreed to goto joint counselling although I get the feeling she'll renege.
  • She is very sensitive to the process and says me following the process intimidates and makes her anxious.
  • She lies a lot, demonstrably.
  • Despite being served and me saying the main issue in dispute is her ignoring the parenting plan and denying access she continues to do it even today. I can't believe how bold she is given we are going to court next week.
Orders sought are alt weekends, half holidays (I get 8 weeks leave per year), the ex attends a parenting course (I already have), we goto counseling, she stops denigrating my character in front of the kids.

At the hearing she will want to negotiate a situation that gives her a sense of control such as the kids stay with me during holidays for 3 nights first break, 4 the next break, 5 from then on. I don't want this and just want it simple.

I'm thinking of avoiding any negotiation quite simply because we need relationship experts not law experts and asking to go straight to the interim hearing. I will also ask for costs to be reserved due to her lack of communication and refusal to try and resolve the issues out of court.

I hope someone who's been to a hearing duty list with an interim orders application can give some insights and advice.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
forget about costs.
Go for a resumption of the parenting plan 5 a fortnight and half holidays.
keep it simple.
Forget trying to convice the magistrate that she is a twit. Focus on how well things were going, how well you guys get along, how similar your parenting styles are. The only thing in dispute is the amount of time she thinks you should have with the kids. How old are the kids? is 50/50 possible? why not aim high in the hope of getting 5 afortnight. If you get more and can handle it GREAT...
 

miguel

Well-Known Member
30 May 2018
98
8
314
Thanks sammy

The reason I submitted an application is to get away from parenting plans because she interprets them in a way that denies access. She's fully aware there are no consequences in ignoring them.

I'm keen to hear thoughts on my strategy for the day. I don't want to negotiate as she hasn't even done a post sep parenting course, in summary she's hostile. I just want the orders and counseling.

M.