VIC IVO & undertaking in place but no parenting plan. Can i call the kids?

[MJ Tilly]

Hi all.

So after a hellish few months of false allegations we have finally finished the IVO stuff.

End result I have a 12 month IVO and the ex has a 12 month Undertaking. Both have the kids on them. With family law provisions.

The ex has given me permission by text through the parenting app we use to call the kids on Tuesdays & Thursdays at 7pm. This was done during the interim ivo.

There are no parenting plans in place as she won't play when it comes to mediation.

Is the text message enough to constitute a"parenting agreement" for me to continue to call my kids or would it be a breach if I did?

 

[CSFLW]

Without seeing the IVO orders it is difficult to comment.

If you need assistance email us [email protected]

 

[alexseenva]

Hey, I was scrolling through some forums when I stumbled upon a recommendation for rocket play casino online and decided to see what the fuss was about. I started off playing slots for a bit but kept hitting dry spells, which was honestly pretty frustrating. I decided to take one last shot with a slightly higher stake on a new game, and it actually paid off with a decent win that turned the whole session around. It is a solid spot for anyone in Australia looking for a bit of fun.

 

[Noel Harris]

A parenting plan under the Family Law Act needs to be a written agreement that is dated and signed by both parents. A dated message through a co-parenting app may be useful evidence of permission or agreement about phone calls, but it should not be assumed to be a formal parenting plan, especially where an intervention order or undertaking is also in place. However, a parenting plan is different from a court order: it reflects a mutual understanding, but it isn't independently enforceable, and either parent can vary or withdraw from it.

The more pressing issue is the interaction with the IVO and Undertaking. Where an intervention order includes an exception for contact permitted 'in accordance with a family law order or agreement,' the exact wording of that exception is critical. It determines whether an informal text-based agreement is enough to bring your calls within it, or whether it needs to be a more formal document. Getting this wrong isn't a minor technicality; it can mean an otherwise innocent phone call is treated as a breach of a family violence order.

Since mediation isn't progressing, it's also worth knowing that family dispute resolution isn't always a strict prerequisite to applying for parenting orders where family violence orders are already in place, an exemption may apply, which could let you seek clarity from the court directly rather than waiting on mediation that isn't happening. We'd strongly recommend getting advice on the specific wording of your IVO and Undertaking before relying on the text message alone, given what's at stake if it's later found not to meet the exception.

---

Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.