VIC Notice of Discontinuance - what happens to Interim Orders issued?

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kimbapuppy

Well-Known Member
17 January 2016
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I applied for a second Initiating Application as my ex made false family violence allegations to suspend the Final Parenting Orders (from the first Initiating Application).
The second Initiating Application was to reinstate my access to the children as per specified in the Final Parenting Orders.

More than 9 months later, Interim Orders were issued to reinstate the children's access achieving what I set out to do.

The matter has moved to Trial and require a Family Report (which I can't afford).

If I was to file for Notice of Discontinuance, and if the court accepts this withdrawal, will the Interim Orders issued to date still be active?
 

Atticus

Well-Known Member
6 February 2019
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If I was to file for Notice of Discontinuance, and if the court accepts this withdrawal, will the Interim Orders issued to date still be active?
Don't know, but I suspect interim orders would end if you discontinue ... Assuming you are the applicant? you will also be open to a costs application by the other side...

Any chance you could agree on consent orders at this point, maybe with a minor concession or two on your part to get it done?
 

Rod

Lawyer
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27 May 2014
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Seek an adjournment so you have time to pay.
 

kimbapuppy

Well-Known Member
17 January 2016
69
7
224
I have already blown and wasted all my money in the court systems. Not spending anymore money.
 

familynfriends

Well-Known Member
15 April 2020
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Interim orders would be withdrawn with the discontinuance paperwork.
Are you not eligible for legal aid?
You can ask for an adjournment if you have to pay for a family report and can not afford it at this time, then you won't lose your interim orders
 
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kimbapuppy

Well-Known Member
17 January 2016
69
7
224
I am eligible for legal aid but I will not sign a blank cheque by allowing legal aid to put a caveat on my home.
Because of this, I can't get legal aid unless I sign a black cheque for them.