VIC Valid Contravention Application?

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Dadsta

Well-Known Member
11 June 2018
27
1
124
Hi all,

I’m wondering if anybody can help with an issue regarding whether the issue below would validate going back to court (again).

Long of the short - Final Orders were made in August 2018 for spend time periods with my 2 1/2 year old son. Throughout Interim Orders the mother breached numerous times, a contravention application was sought but ultimately withdrew (advice taken onboard from ICL with the right to have it reinstated if the mother mucks up again). After Final Orders, she breached on 4 occasions. I submitted another CA, result being both barristers mediated some issues to be varied in notations of Final Order. This was an unexpected & disappointing outcome from my end that didn’t deal with the issues at hand because they’re “too grey.” Whatever that means.

The issue - I elect my spend time periods with my son over a six month period according to my work roster (I work shifts). The Order was varied (in notations) to allow the mother to veto six of those days during each six month period so long as she does so within 7 days of receiving each elected timelots from me. This is reasonable & I don’t have an issue with it.

However, she has done so after 8 days this time around. This is an issue as it is outside of her allowable scope & I don’t agree with them. Thoughts?
 

Dadsta

Well-Known Member
11 June 2018
27
1
124
Interesting, thanks for sharing. In my situation there is a clause in the Final Order stating that if the mother fails to comply with these Orders the father be at liberty to have her back at Court at short notice. Essentially, it’s the judge putting the Mother on notice due to past indescretions.