VIC Family Court - When is an Application Considered Filed?

[Malissla]

Is this Vic? There are possible jurisdictional issues involved in Vic and why I suspect the OP is being forced back to the FCC/Family Court. Though surprised none of this brought up at the FVIO.

Yes, this is Victoria. I ticked yes on the box for the application for a FVIO in relation to:is there family court proceedings.

 

[Rod]

And did you provide the orders to the FVIO court? Were you self-represented?

Wondering why the FVIO court has not considered them.

 

[Malissla]

If your statement was true in all matters there would be no need to go back the FCC or Family Court.

Rod the children's court can only repeatedly issues short term orders - six months - i think, they did this for me 5 times over two and a half years, sooner or later CP will want to withdraw and that is why they want the final orders issued by the federal or family court because they last much longer than the six months.

 

[Malissla]

And did you provide the orders to the FVIO court? Were you self-represented?

Wondering why the FVIO court has not considered them.

The orders from the federal court that allowed for unsupervised access? No. the orders from the children's court issued in 2014 ? No. I had representation in the magistrates when acquiring the IVO

 

[Malissla]

Barrister used the judge's own justification. Hard to backtrack from there. Suspect if the judge had a found a different reason he/she may have proceeded with the trial.

As in proceeded in the best interests of the children regardless of costs to the parties?

 

[Lennon]

I have yet to come across a competent lawyer, the ones I have seen are brainless.

Nice attitude Malissla. I'm sure that the judge has picked up on your disdain for the legal profession and I doubt that it is helping your case.

If you don't need final orders from the FCC because DCP will save you no matter what, why are you bothering with any of it?

 

[Nonfiction]

Am I right in assuming the "much greater costs" would have arisen due to the matter being put back before the court after the final hearing?

Yes, some matters do re-enter the family Courts again, although in the case I used as my example, child protection eventually withdrew (they found the children were not at “risk” from either parent).

 

[Nonfiction]

Barrister used the judge's own justification. Hard to backtrack from there. Suspect if the judge had a found a different reason he/she may have proceeded with the trial.

Yes, quite clever of the barrister. My view is that if the Courts request child protection to join then they should let child protection do their job!

 

[Malissla]

Nice attitude Malissla. I'm sure that the judge has picked up on your disdain for the legal profession and I doubt that it is helping your case.

If you don't need final orders from the FCC because DCP will save you no matter what, why are you bothering with any of it?

Perhaps my disdain for the legal profession arises from spending four years in Federal and Family Court attempting to get them to vary an order and incompetence on behalf of the legal profession which has prevented that? The Lawyers I have had are incompetent. I am bothering with it because Child Protection requested that I do it. I need to show I am acting protectively.

 

[Nonfiction]

Having read over everything again, I’m finding several things difficult to understand.

What I’m having the most difficulty with is this this...Child Protection applied for supervision orders from the Children’s Court immediately after parenting orders were made in the Family Court for unsupervised time (last time). Child Protection have also put in great effort to have the supervision orders extended on a number of occasions (over several years?). You have a current 5 year FVIO. Child Protection are taking a hard line approach in that if the Family Court does not change the existing parenting orders to supervised time then they will again return to the Children’s Court and get a supervision order.

If this is their firm stance, they are without doubt the children are at risk of abuse without the orders being varied, and they could need to take it back to the Children’s Court anyway, why haven’t they sought (on their own accord...under s92A) to intervene in this case? They would be well aware they can seek to intervene.

Just seems counterproductive to me for CP to not want to at least be involved in this matter (where they can give direct evidence...even if the Court does not agree) when the idea of making you return to the Family Courts, in my understanding, was for there to be some form of finality...and they may have to take it back to Court anyway.