VIC The court still arrange final hearing while I reached agreement with Ex

[Christf]

Background: My ex-wife applied for an intervention order for me after I required divorce. She put the child (4 years old) on the order. I had to went to Family Court to apply for parenting orders. In the family court, the judge thought I did not abuse the child, allowed me to spend time with the children without supervision for interim order, and transfer the case from Family Court to Federal Circuit Court.
Today I had a first hearing in the Federal Circuit Court. Before the court, I reached an agreement with ex-wife for the child to stay with me for 5 nights when she reaches school age. However the ICL did not support the consent order we agreed. And the new judge still arrange a final hearing in next year.
And I paid child support every month. and my ex-wife said this money is not enough while she received all the family benefit tax and parenting payments. Currently I just applied for parenting orders.

Has some questions:
1. What will happen on the final hearing if both of us agree on the 9 / 5 nights split while the ICL objects?

2. Would it help if I asked my ex-wife to wrote down this 9/5 split before the final hearing? Since It would be one year waiting and I am afraid she will change her mind like she always did.

3. Is there any chance for not having a final hearing while the ICL insists?

4. Would the Court support the Wife's requirement for extra money every month to support the child? I paid child support in time and I had not apply for financial orders yet.

Waiting for suggestions. Thanks.

 

[sammy01]

the courts wont make an order for you to pay beyond the amount assessed by child support.

the stuff about the ICL? look I'd be asking a solicitor about that one... But I'd have thought you could both withdraw from proceedings and do orders by consent.

 

[Blessing]

A lot depends on the ICL's objections and what is the ICL's proposal.

You can apply to have an ICL removed.

 

[InPerson Legal]

The ICL has been appointed by the court, not upon the request of the parties. So if you were after consent orders, you would require the consent of all three parties. If the ICL does not agree with your proposition, then it must be decided by the court, and there's really no way of 'withdrawing' from your case or coming to an agreement between yourself and your ex-spouse without the approval of the ICL. You can apply to have the ICL discharged, but depending on your particular circumstances and the ICL's basis for objecting your proposal, that request might be looked upon unfavourably, as the ICL is basically your child's lawyer.

I highly recommend you engage a solicitor, even just for some preliminary advice. If you're concerned about mounting costs, look into SelfRep Assist at InPerson Legal for more flexible options in relation to advice and representation.

Hope that helps.