VIC Wanting to change in Direction hearing

[Loveson]

Hi everyone,

I have another direction hearing coming this month. Last direction hearing, my lawyer negotiated with the other side for 5 more supervised visits then negotiate again for unsupervised time. This was made to order.

After the 5th supervised visits where it ended of my time with my son, the other side just avoided and ignored us for negotiating for unsupervised time, but there is still 5 more weeks to the next court date. So during this period, I have not been able to see my son.

My question is that if applying application in a case can help getting my time with my son, as the other side is not willing to negotiate that without the application. And application in a case will have the registrar to decide the coming order of time allocation. Am I right on this? Thank you in advance.

 

[Jake Matherson]

Obviously the Ex is not willing to negotiate and is making life difficult for you.

If you rock up to a directions hearing the only way you can have Orders made stipulating time with the child is by consent.
That is you/your lawyer and the ex/lawyer come to an agreement generally 5mins before walking into the court room.
One of the lawyers writes the agreement up and hands it to the Registrar and if the court agrees also BAM! Consent Orders are made come back another day for round 2.

The problem with Consent Orders is everyone has to agree. If the ex says no then your out of luck.

Assuming you have already had your Interim Hearing and there is no way the ex will consent then you have to file an Application In Case for updated Interim Orders and probably provide a good enough reason the have it go through. Such as a strong Family Report in your favour.

Not a lawyer and haven't been down the application in case road myself but I believe that's pretty much the process.

 

[Loveson]

Thank you Jake. I had been dragging by the ex/lawyer not responding our request. I don’t have much hope back in court then they suddenly would agree on some time. I guess that is option to go.