VIC Clarification of Phone Call Times on Family Court Orders?

[Shan_90]

Hi,

Just needing some clarification on phone call times. It says in the current family court orders that the telephone time on a Tuesday and Wednesday is between 4.30pm and 5pm. The father is to initiate the call. Does that mean he can only call at 4.30 and speak to my son until 5 or can he call at say 4.58pm and speak to my son as long as he wants to?

I'm just unsure and my perception of it is that the call has to be between 4.30 and 5, and that the conversation should end at 5. Or am I wrong about that?

I hope I'm not breaching the orders by thinking that's correct...

Please help

Thank you

 

[sammy01]

So a stupid and strict interpretation would be if dad called at 4.36pm, he has missed the boat because he had to call at 4.30pm.

Don't do that.

Look the courts don't want their time wasted by a bloke who called at 5.01 and was told to go away. So common sense should apply. You have an obligation to make the kid available from 4.30 until 5.00pm. Same applies for the length of the call. If the kid is talking to dad and it goes from 4.45 until 5.30 - no worries.

Now you could be nasty and book stuff in at 5pm on the days dad is gonna call, but that would be nasty... Same if you stopped the call at 5pm. So how long do you think is a reasonable time to talk? I'd suggest about 30-40 min might happen sometimes but more often it might be 20 min. So maybe once they have been talking for 20min, if you had somewhere to go, well, you could tell the kid that they have 5 min more... Now that sounds like good parenting. You can't get in trouble if you're being a good parent.

Courts are smart - they get that a lot of folks have dinner at 6pm so that would be a stupid time to dictate calls.

Short version - be sensible. I've met blokes who gave up. It costs too much to apply to court over this crap. But when the ex refuses to answer at 4.29 or 4.31 because the orders say 4.30, it is nasty to the ex and cruel to the kid. Don't be that person

 

[AllForHer]

The interpretation is that dad can call at any time between 4:30om and 5:00pm, and since you are obliged under law to actively follow the orders by supporting and encouraging the child's relationship with both parents, I would suggest that interfering with those phone calls because it is 5pm is a failure on your part to meet those obligations.

My husband's ex tried this same scheme on with their orders and ended up with a magistrate telling her that attempting to manipulate the orders are such was deliberately intimidating and psychologically abusive. The orders now require the child have privacy during phone calls and the mother not interfere under any circumstances.

Use your common sense.

 

[Shan_90]

Thank you both for the help! Much appreciated.