VIC What happens to an existing parenting plan after interim order being dropped?

[darasahl]

Hey guys,

So I’ve got an interim order put on me from my ex in April. We had the directions hearing in July but she decided not to show up (she provided a reason that court accepted). Last year we went to mediation and agreed on a 50/50 parenting plan. Both the child and herself are on the interim order and she is only allowing supervised visits if I want to see my child.

Anyways I was mainly wondering what happens with the parenting plan now? Is it technically still in place (although I can’t see my child)? I decided to fight the order because she has got nothing on me so when the interim order gets dropped what will happen to the parenting plan? Will she still have custody of the children as what is happening now due to the interim order, or will we go back to 50/50?

 

[sammy01]

interim order? just checking that you mean an AVO?
Ok, I don't like my advice sometimes. BUT NOPE... The parenting plan does not go back to 50/50. It goes back to what mum wants because a parenting plan is not enforceable. It is not binding and either party reserves the right to 'change' their mind when ever they want. (except you).

Apply to family court asap to have the normal visits resume. Do not hestitate.

 

[darasahl]

Thank you!!

interim order? just checking that you mean an AVO?
Ok, I don't like my advice sometimes. BUT NOPE... The parenting plan does not go back to 50/50. It goes back to what mum wants because a parenting plan is not enforceable. It is not binding and either party reserves the right to 'change' their mind when ever they want. (except you).

Apply to family court asap to have the normal visits resume. Do not hestitate.

Thank you!! Yeah we’re going through mediation now but I know it’ll end up in family law because she’s sadly not reasonable. I hope court sees how she’s trying to keep me away from the kids because all she’s doing is to accuse me for things that are not true.

 

[sammy01]

If you had 50/50 by agreement, then I reckon you wanna get onto this asap, so the 'new' arrangement doesn't become the norm.
Mate, there is a clause in the child support agency rules that states you can defer having to pay 100% child support if she isn't complying with the agreement, so long as you can show you're taking action to rectify the situation. From memory they 'should' not increase your child support for 13 weeks, but you have to hold them to their own rules. FFS

CSA are useless. But I strongly encourage you to force them to apply their own rules, even if they don't want to.

 

[darasahl]

What do you mean by the new arrangement? We had 50/50, then she put an Ivo on me and now we’re back at mediation. I’m not settling with anything else than 50/50 as that has worked out perfectly fine for more than a year. She’s gonna say no to that and then we will end up in court. It just sucks that this process is gonna take a loooong time and it’ll affect the kids negatively, and that’s what she’s doing right now.

Oh really? I might look into that. Right now she’s just stating a lot of crap that no one is going to believe. My lawyer said that this case is probably one of the weakest ones he has ever seen.

 

[sammy01]

ok so who is the applicant in the avo? HER? or the police. This is complex but if it is the cops then you've got a few more problems. BUT if it is a private application then she needs to 'prove' her need for the order. IF it is the cops then it is the police prosecutor you're fighting...

I'm guessing she isn't letting you see the kids right now? has your solicitor written to her requesting the parenting plan resume?

 

[darasahl]

She is the applicant. So next month it’s the directions hearing and both of us have been told to provide evidence.

Yeah only supervised visits whenever it suits her. No he has not. What would happened then?

 

[sammy01]

Solicitor can write to her and that is not a breach of avo.... Solicitor can ask for 50/50 to resume and for her to contact his office, or simply respond via email to confirm.
Simple letter.
Dear ex,
I'm a solicitor.... I am representing darasahl. Please respond via email to confirm that you agree to resume 50/50 care as per parenting agreement. Please be advise that if you do not respond or do not at least agree to an interim arrangement then my client has advised he will seek redress through the family court. In the event this happens we will consider applying for a cost order against you.
Please respond within 7 days to confirm 50/50 care will resume.
PLS ask your solicitor why he has not done this?

 

[darasahl]

Solicitor can write to her and that is not a breach of avo.... Solicitor can ask for 50/50 to resume and for her to contact his office, or simply respond via email to confirm.
Simple letter.
Dear ex,
I'm a solicitor.... I am representing darasahl. Please respond via email to confirm that you agree to resume 50/50 care as per parenting agreement. Please be advise that if you do not respond or do not at least agree to an interim arrangement then my client has advised he will seek redress through the family court. In the event this happens we will consider applying for a cost order against you.
Please respond within 7 days to confirm 50/50 care will resume.
PLS ask your solicitor why he has not done this?

Sadly she’s not willing to do 50/50, I have a feeling that her goal is to try and get full custody