VIC Court Order Wording Clarification

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cinnamon

Well-Known Member
12 October 2020
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suggestion. Just stick with the orders... See sometimes with all the stress of all of this we find ourselves so caught up in 'HE said this' - 'She said that'. He is being unreasonable, she wont make compromises and it becomes way too big. Solution - Just stick to the orders. Nice easy solution
True, thanks.
 

cinnamon

Well-Known Member
12 October 2020
48
2
124
yeah and if the kids are protected persons on the AVO then you need to approve for the kids to be picked up from school. I agree with Atticus, sometimes an AVO is a hassle. Hard to believe BUT I liked having an avo against me... for 12 whole months I was restrained by law from talking to my ex. Most peaceful 12 months I've had in ages...
I like this. haha. I wish I could go no contact, but due to kids I cannot.
 

cinnamon

Well-Known Member
12 October 2020
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@cinnamon ....

It looks to me like this is just a problem with how to facilitate the contact as per orders, ie, pick up drop offs rather than time spent with dad

Is the order silent about how pick up & drop offs are to take place?
What are the conditions on the IVO?

If he is restricted by the IVO from pick up drop off at your place or from approaching within xx distance of you, that may mean you have to do more running around or do changeovers at school .... Is he even able to get to school at those times (the orders say 6PM after all) .... Then there is the problem of communicating to you (particularly at short notice if necessary) if he is prohibited from contacting you.

Sometimes an IVO can create many more problems than they are worth... Would things be easier without it?
The order is silent on the collection and drop-offs. The IVO refers to the court orders as per children's exchanges. He can communicate with me via any written format. He has misused this form of communication as well, though I will rectify it in December to minimize contact only for emergency purposes and through a court monitored parental app. He works from home and lives 10-15 minutes from the schools. No excuse as to why he cannot collect the children, it's merely convenient for him to push his parental responsibilities off to me, his mother or his partner. I think he gains the greatest pleasure having me running around him..hahaha. I am aware of his shenanigan's by now, so I can plan accordingly to ensure the children don't get affected. The court says 6pm changeover at McDonalds (Suburb), not schools.
 

Atticus

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6 February 2019
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The order is silent on the collection and drop-offs.......... The court says 6pm changeover at McDonalds (Suburb), not schools
So the orders are not silent then?

He can communicate with me via any written format ...... He works from home and lives 10-15 minutes from the schools
I agree that ATM, you have no (acceptable) agreement .... If you have exhausted all reasonable attempts to compromise, then In that case you need to return to the default as per orders.

If you are 100% sure you can not resolve this ATM, your next option is to inform him & the school (in writing) that all past agreements are dispensed with, school pickup & drop offs are no longer an option, & you are reverting to the orders, ie, pickup & drop off at McDonald's
 
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sammy01

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27 September 2015
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If it doesn't say where pick up's and drop offs happen I'm really very surprised. But given pick up and drop off's are at 6pm it has nothing to do with the school. So with an avo you have some capacity to dictate terms. (Are you sure the orders say nithing about pick up / drop off location?) If that is the case then I'd suggest you can reasonably demand that change over happens at the local cop shop or maccas or some other place where you can feel safe and know there are security cameras.
 
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cinnamon

Well-Known Member
12 October 2020
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If it doesn't say where pick up's and drop offs happen I'm really very surprised. But given pick up and drop off's are at 6pm it has nothing to do with the school. So with an avo you have some capacity to dictate terms. (Are you sure the orders say nithing about pick up / drop off location?) If that is the case then I'd suggest you can reasonably demand that change over happens at the local cop shop or maccas or some other place where you can feel safe and know there are security cameras.
Hi. It says drop-off's and collection at McDonalds (Suburb) at 6pm. My apologies for not adding that in initial thread.
 

cinnamon

Well-Known Member
12 October 2020
48
2
124
So the orders are not silent then?


I agree that ATM, you have no (acceptable) agreement .... If you have exhausted all reasonable attempts to compromise, then In that case you need to return to the default as per orders.

If you are 100% sure you can not resolve this ATM, your next option is to inform him & the school (in writing) that all past agreements are dispensed with, school pickup & drop offs are no longer an option, & you are reverting to the orders, ie, pickup & drop off at McDonald's
I have informed him. My solicitor has informed him. The schools have been updated. The one thing I cannot make happen is him following the orders, simple as that.
 

cinnamon

Well-Known Member
12 October 2020
48
2
124
So the orders are not silent then?


I agree that ATM, you have no (acceptable) agreement .... If you have exhausted all reasonable attempts to compromise, then In that case you need to return to the default as per orders.

If you are 100% sure you can not resolve this ATM, your next option is to inform him & the school (in writing) that all past agreements are dispensed with, school pickup & drop offs are no longer an option, & you are reverting to the orders, ie, pickup & drop off at McDonald's
The orders are NOT silent, correct, my error in my previous response. It stipulates 6pm McDonalds (Suburb). Nothing about school drop-offs and collections.
 

sammy01

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27 September 2015
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So just stick with the orders. I decided for the first 2 years after we finally got consent orders that I would not ask for NOR agree to any changes / deviations from the orders. Sure it mean't the kids missed out on a few things here an there. But, I felt it was too important that the ex understands the orders are the orders and they will be adhered to. Even after 2 years every time a conversation was had about making changes it ended in tears.

Lesson - just stick to the orders.
 
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cinnamon

Well-Known Member
12 October 2020
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I will do the same, like I cannot even go into any negotiations. I was trying to accommodate him to make things easier, though it created a bigger mess than anything else. Sticking to the orders will make life so much easier. Thank you for the advice.