VIC when does visitation time start

[Rachel Cooper]

What time does the fathers time start on the first day of his access?
He only see's his girls 5 weeks per year and the mother and step father are refusing to drop them off, instead are taking them to see step fathers parents.
We are supposed to pay to fly the kids down from qld but the step father informed us 3 months ago that they are driving down to melbourne and will have the girls here on the day that the visit starts.
We had previously sent an email with time and place to meet (3 monts ago) they sent a message back last week stating they will not drop them off where we asked and not till 12 instead of 930.

 

[AllForHer]

Do you have parenting orders?

 

[Rachel Cooper]

yes court orders which state that we were to fly the children from qld to here which we were going to do except
the mother sent a message in oct stating that they will be driving down and will have the girls here on the 6th jan (which is our first day with the girls). which is when we gave them the drop off time and the destination, which is halfway between where they staying and us.

 

[AllForHer]

And the orders don't sitpulate a time?

If they don't stipulate a time, then it's very difficult to file a contravention application whether the changeover is at 9:30am or 12:00pm.

On this occasion, since you've agreed to the changeover arrangements being different to what's stipulated in the orders, you may simply have to deal with it being 2.5 hours later than anticipated.

 

[Rachel Cooper]

we didnt think there was any reason to buy tickets for the flight when they were driving down? were we supposed to say no to them driving down as we were to fly them?
also if we had of known then that they would not go to the meting place which we told them 3 months ago, and only change it last week, then we definately would have made them fly

 

[AllForHer]

I'm not insinuating that you did the wrong thing. To the contrary, I commend you for being able to deviate from the orders.

The issue here is how to remedy what you perceive to be a contravention of the orders.

State police have no power to force the other parent to give the kids to you at 9:30am, so it's not like you can have her arrested. Indeed, the only avenue for remedy in parenting matters is an application for a contravention order.

But the problem is that you can't really claim a contravention of the orders when the orders don't actually stipulate a time for when the kids are meant to go into their care, can you? If there's no such order, there's no way to contravene it.

On top of that, contravention proceedings can take months and cost thousands. If you fail, you may also be liable for the other party's legal fees.

Is it worth it for an extra 2.5 hours? This one might be best taken on the chin with the proviso that next time, these kinds of things are agreed before deviating from the orders.

 

[sammy01]

2/5 hours... BIG DEAL.... How much have they saved you in flights??? are you really gonna sweat over 2.5 hours? Is it worth applying to court? hell no...