VIC Clarification on Court Orders?

[IDS]

Family Law proceedings.. trying to negotiate more regular visits with child interstate and communication with difficult ex.
I’ve always had specific calling times and dates (Father’s Day, Christmas, alternate weekdays etc) on Court orders. At the last hearing the court orders we received were very short, mentioned nothing about contact between my child and just directed us to attend mediation and that the matter was adjourned.
I didn’t think anything of this until last week when my calls went unanswered. I questioned my ex and she told me that there are no calling times as they aren’t specifically stated on ththe court orders, and seems happy for me to have no contact by phone anymore unless convenient for her.
I believe that the calling times are still in place and she believes they are now no longer valid.
Would anyone have any idea how to settle this?

 

[IDS]

I should note that the next hearing is scheduled for six months time and I will have little to no contact until (and if) more calling times are stated in a further court order.
There are no domestic violence, susbstance abuse or other issues involved. Just a pretty common situation of a relationship breakdown and difficultly in resolving the issues of co parenting

 

[Rod]

Did the new order say anything about the old orders?

 

[IDS]

Did the new order say anything about the old orders?

No. In a past order it has been stated that “...the order of (insert date) continue..” but it doesn’t state that they continue or are discontinued.

Would it be perhaps be appropriate to contact the judge’s associate to request clarification?

 

[AllForHer]

Good lord, she needs to get some legal advice quick smart and in a real hurry.

Procedural hearings like these ones don't supersede nor discharge preceding orders. The old orders still stand unless the Court explicitly makes an order discharging the old ones.

Email her lawyer and tell them you expect her compliance with existing orders and if she refuses to do so, you'll be filing an application for contravention orders and seeking an order for costs against her.

 

[Danny Jovica]

Family Law proceedings.. trying to negotiate more regular visits with child interstate and communication with difficult ex.
I’ve always had specific calling times and dates (Father’s Day, Christmas, alternate weekdays etc) on Court orders. At the last hearing the court orders we received were very short, mentioned nothing about contact between my child and just directed us to attend mediation and that the matter was adjourned.
I didn’t think anything of this until last week when my calls went unanswered. I questioned my ex and she told me that there are no calling times as they aren’t specifically stated on ththe court orders, and seems happy for me to have no contact by phone anymore unless convenient for her.
I believe that the calling times are still in place and she believes they are now no longer valid.
Would anyone have any idea how to settle this?

Sure ... the answer is in your question.

Attend mediation. A qualified private mediator that is qualified under Australian Standards through the Mediator Standards Board and is NMAS accredited is best suited to this type of mediation. You already have your 60i so there is no need to go for a public appointed mediator where you get little choice who mediates.

You can talk to a private mediator yourself and they will then contact your ex to initiate the process. The whole matter can be resolved in mediation and filed with the Court as consent orders.

To find out more click here
ADR Online

 

[IDS]

Sure ... the answer is in your question.

Attend mediation. A qualified private mediator that is qualified under Australian Standards through the Mediator Standards Board and is NMAS accredited is best suited to this type of mediation. You already have your 60i so there is no need to go for a public appointed mediator where you get little choice who mediates.

You can talk to a private mediator yourself and they will then contact your ex to initiate the process. The whole matter can be resolved in mediation and filed with the Court as consent orders.

To find out more click here
ADR Online

Thank you for your reply, but unfortunately we have attended three mediation sessions already and none have really had any positive outcome (as far as I can see). She is unwilling to compromise and on one occasion the mediator took her side very heavily, and refused to believe my side even when I could have provided evidence (mainly refusing contact-I have a long call history of rejected phone calls and abusive messages telling me she will block my number).
It was pretty disheartening to hear from the mediator that I can’t just bring up he-says she-says, when I was really trying to address the issue of non contact.
But I thank you for your suggestion

 

[IDS]

Sure ... the answer is in your question.

Attend mediation. A qualified private mediator that is qualified under Australian Standards through the Mediator Standards Board and is NMAS accredited is best suited to this type of mediation. You already have your 60i so there is no need to go for a public appointed mediator where you get little choice who mediates.

You can talk to a private mediator yourself and they will then contact your ex to initiate the process. The whole matter can be resolved in mediation and filed with the Court as consent orders.

To find out more click here
ADR Online

Although I don’t mean to dismiss your comment.. I will look in to this and the link you posted thank you

 

[IDS]

Good lord, she needs to get some legal advice quick smart and in a real hurry.

Procedural hearings like these ones don't supersede nor discharge preceding orders. The old orders still stand unless the Court explicitly makes an order discharging the old ones.

Email her lawyer and tell them you expect her compliance with existing orders and if she refuses to do so, you'll be filing an application for contravention orders and seeking an order for costs against her.

Thank you for your reply. We are both now self represented, I did have a solicitor but unfortunately they breached our confidence and we were left with a huge bill and nothing to show for it.
The Judge strongly advised her to seek legal advice, and she refused. As far as I know, she does not have any legal advice. My friend is a solicitor and he offers me all the help and advice he can but unfortunately is overseas at the moment and contact is too hard.

So the calling times are still in place? I tried to reason with her and she just shut me down and told me I just have to work around when she is free to put our child on the phone.

 

[Danny Jovica]

Thank you for your reply, but unfortunately we have attended three mediation sessions already and none have really had any positive outcome (as far as I can see). She is unwilling to compromise and on one occasion the mediator took her side very heavily, and refused to believe my side even when I could have provided evidence (mainly refusing contact-I have a long call history of rejected phone calls and abusive messages telling me she will block my number).
It was pretty disheartening to hear from the mediator that I can’t just bring up he-says she-says, when I was really trying to address the issue of non contact.
But I thank you for your suggestion

Once more there is a difference between 60i and Public mediators and private mediators who are qualified and meet Australian standards. These days the things that get away with being called mediation is part of the problem. A mediator qualified and trained in facilitative mediation is a neutral, unbiased party that has the necessary skills to assist the parties to reach a resolution themselves, instead of having one imposed on them by the Courts.

In mediation you can bring up what ever the issues are that are hindering the resolution, in fact mediation, can involve restorative justice aspects to assist the parties to resolve their dispute.

If you can not, your fate will rest with the Court, take a guess how many people are happy with a Court decision in the end that is imposed on them. Is it not better to give mediation one last try?