VIC Wrong Allegation of FV - What is the Family Court Procedure?

Discussion in 'Family Law Forum' started by Loveson, 21 April 2019.

  1. Loveson

    Loveson Active Member

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    Thank you Migz, this is very good advice. So I will need to ask for overnight visits in the application in a case or should I put unsupervised time visits first? Is there anything else I should include in the application in a case?

    Correspondence with the other party for unsupervised time seems very dragging and unresponsive, not to mention the overnight visits. Thank you again!
     
  2. Migz

    Migz Well-Known Member

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    The poor communication with the other side, is even more of a reason to issue an APPLICATION IN A CASE, it shows the court youre serious and your not playing their stupid stalling games any longer. Piss that Supervised visitation crap off, it just makes me so angry, Supervised visits are for Parents who have committed Harm to children and or Partners, and is used as a form of protection/punishment. The Judge in my case said I could have supervised visits for the last 2 months she got told to jam it...as Im not a criminal and supervised visits are 1:50hr away, I wouldnt even subject my little girl to that amount of ridiculous drive time. So i have gone without for 2 months, all based on untested evidence, the day after that hearing I filed an APPEAL, because this Judge is out of control, APPEAL is set down for the 27th.

    Back to your case.

    You are essentially writing up your FINAL ORDERS, that you can live with from here on, You write that all previous orders are to be disbanded with, and the following orders are to be instated...

    #1. All visits are to be unsupervised
    #2.
    The Child is to live with the Mother and spend time with the Father by agreement, but failing agreement;

    On a cycle of 3/4 (meaning 3 Saturdays are spent with the Father out of an 4 week block, the 4th Weekend the Child is entirely with the Mother)

    (re: Similar to MORGAN V MILES [2007] court case where the Judge was thinking outside the box)


    #17. Upon the Child attaining the Age of 30 months, order (16) shall be suspended and the Child shall spend time with the Father;

    3:00pm Tuesdays to 7:30am Wednesdays,

    Mother to drop off Child at Fathers Workplace.

    Father to return Child to Daycare.

    2:00pm Friday (earlier depending on Fathers work commitments) to 12:00pm Sunday

    Father to pick up Child from Daycare.

    Mother to pick up Child from Fathers Residence.

    (three Saturdays in a row/missing the fourth Saturday)



    #18. Upon the Child attaining the Age of 36 months, order (#17) shall be suspended and the Child shall spend time with the Father and Mother equally 50/50 week about;

    Make sure you have an order that the Child cannot reside outside of the current shire/council boundary, Ive seen so many Dads getting screwed over in court all because this wasn't in their Initiating Paperwork...


    You need to write the Orders you are seeking under the following headings;
    PARENTING TIME/LIVE WITH
    SPECIAL OCCASIONS
    EDUCATION
    MEDICAL/HEALTH
    COMMUNICATION
    HOLIDAYS/TRAVEL
    THIRD PARTIES
    SPECIFIC ISSUES
     
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  3. Loveson

    Loveson Active Member

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    Thank you Migz, very insightful information! I really appreciate that.
     
  4. Loveson

    Loveson Active Member

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    My solicitor just got proposed by the other side to go to mediation after sending out request for unsupervised time. It seems after some good reports my ex is willing or encouraged to do something reasonable instead of making it hard for me to have contact with my son.

    Can someone please give me some suggestion in the FDRS? What do I expect or try to achieve as good outcome? Thank you in advance.
     
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