VIC Wrong Allegation of FV - What is the Family Court Procedure?

[Loveson]

Thank you Jake for your comment.

My situation is a bit strange. In the last hearing, my solicitor and the other side during stood down period in court, came to agreement for another 5 visits of supervised time, then after the end of 5th visit, we will need to negotiate for unsupervised time.

However from the end of 5th visit to the next court date, there is still 8 weeks to go. I have just finished the 5th visit now, I am concerning if I am still able to see my son from next week in the case of the other side refusing for unsupervised time and there is nothing like should unsupervised time not being able to come in agreement, the supervised time would continue in the recent minute of order. I appreciate if anyone can give me insight of how this plays. Thank you in advance!

 

[sammy01]

Ask the ex to continue with supervised visits. She might refuse. That will mean the kid wont see you for 8 weeks and that is not good. Your job is to paint a picture for the judge - that picture is that you're a good guy, a good dad and you're prepared to work with mum.

If mum refuses to continue with contact, whether through a contact centre or unsupervised via an agreement, then she is painting her own picture for the judge. That picture is of a parent intent on stopping a child from having a relationship with their dad... that is not a good look. Be patient.

 

[Loveson]

It seems like that is only thing I can do, to hope the other side will agree for more supervised time if not unsupervised one.

 

[sammy01]

Pretty much.... But, at this stage you really have to suck it up. She has all the power, eventually you will get court orders that provide you with meaningful time with the kid and she will learn that she doesn't get to make the rules...

 

[Loveson]

Thank you again Sammy!

 

[Loveson]

Hi eveyone, I have another question. Looking at my current situation where my supervised time with my son might probably stop until next hearing due to that was consented in the order by my solicitor and the other party, is this arrangement normal?

I just don’t get it, why did my solicitor not put something like should both parties not agreed with unsupervised time after the 5 weeks’ visit, then supervised persist until next hearing. This really makes everything backward as now I am facing risk to have zero contact with my son again, and this will destroy the bonding and the good report of me and my son from the previous period of supervised time. Is it a mistaken arrangement?

 

[Loveson]

What would be the otherwise arrangement?

 

[sammy01]

soliciotor cant see the future. Solicitor would have thought, as reasonable humans would, that the visits would continue. Otherwise what is the point, like you said about trying to bond with the child... BUT who looks bad in court as a result? not you... Not your solicitor.... JUST HER...

 

[Migz]

Loveson, after being through this mess for 3 years now, I can offer you some advice, 1. Your solicitor is bleeding you slowly. 2. Now here this, this is crucial, and alot of Dads out there need to be doing this in their cases as they are dragging on far to long, FILE an "APPLICATION IN A CASE" it will cost you $400, through your solicitor probably $2000... Mate you have jumped through their hoops enough, you need to hit this hard and fast, its my only mistake looking back, I should have filed APPLICATION IN CASE after APPLICATION IN A CASE, just to keep the pressure on constantly.

Its time to fill out what you actually want moving forward, your Child is nearly 4 so you should be on atleast two overnight visits a week as a minimum, the time consuming part for you is WRITING...sit down and write/read you need to write up the hours that you want for Special Occasions, you need to write up a STEPPING STONE plan for your child where your time with the child increases over the following year to 50/50 week about care.

Below is an example of Special Occasions;

SPECIAL OCCASIONS:

(13) That the child spend time with the Father on special occasions as agreed between

the parties, failing agreement, as follows;

(14) From 3:00pm 24th December until 3:00pm 25th December in even years & from

3:00pm 25th December until 3:00pm 26th December in odd years.

(15) From 3:00pm Thursday proceeding Good Friday until 6:00pm Easter Saturday in

even years & from 6:00pm Easter Saturday until 6:00pm Easter Monday in odd years.

(16) On weekends that comprise Fathers Day from 2:00pm Friday until 6:00pm Sunday.

(17) From 3:00pm the day proceeding the Childs birthday, until 3:00pm on the Childs birthday in odd years & from 3:00pm on the Childs birthday, until 3:00pm the day after the Childs birthday in even years.

(18) On the Fathers birthday, from 8:00am to 6:00pm

(19) On Halloween, from 2:00pm to 7.30pm

(20) From 3.00 pm on 31st December in odd years for 24 hours, until 3.00 pm on 1st

January.

(21) That the child spend time with the Mother on special occasions as agreed between

the parties, failing agreement, as follows;

(22) On weekends that comprise Mothers Day from 2:00pm Friday until 6.00pm

Sunday.

(23) On the Mothers birthday, from 8:00am to 6:00pm.

 

[Loveson]

Loveson, after being through this mess for 3 years now, I can offer you some advice, 1. Your solicitor is bleeding you slowly. 2. Now here this, this is crucial, and alot of Dads out there need to be doing this in their cases as they are dragging on far to long, FILE an "APPLICATION IN A CASE" it will cost you $400, through your solicitor probably $2000... Mate you have jumped through their hoops enough, you need to hit this hard and fast, its my only mistake looking back, I should have filed APPLICATION IN CASE after APPLICATION IN A CASE, just to keep the pressure on constantly.

Its time to fill out what you actually want moving forward, your Child is nearly 4 so you should be on atleast two overnight visits a week as a minimum, the time consuming part for you is WRITING...sit down and write/read you need to write up the hours that you want for Special Occasions, you need to write up a STEPPING STONE plan for your child where your time with the child increases over the following year to 50/50 week about care.

Below is an example of Special Occasions;

SPECIAL OCCASIONS:

(13) That the child spend time with the Father on special occasions as agreed between

the parties, failing agreement, as follows;

(14) From 3:00pm 24th December until 3:00pm 25th December in even years & from

3:00pm 25th December until 3:00pm 26th December in odd years.

(15) From 3:00pm Thursday proceeding Good Friday until 6:00pm Easter Saturday in

even years & from 6:00pm Easter Saturday until 6:00pm Easter Monday in odd years.

(16) On weekends that comprise Fathers Day from 2:00pm Friday until 6:00pm Sunday.

(17) From 3:00pm the day proceeding the Childs birthday, until 3:00pm on the Childs birthday in odd years & from 3:00pm on the Childs birthday, until 3:00pm the day after the Childs birthday in even years.

(18) On the Fathers birthday, from 8:00am to 6:00pm

(19) On Halloween, from 2:00pm to 7.30pm

(20) From 3.00 pm on 31st December in odd years for 24 hours, until 3.00 pm on 1st

January.

(21) That the child spend time with the Mother on special occasions as agreed between

the parties, failing agreement, as follows;

(22) On weekends that comprise Mothers Day from 2:00pm Friday until 6.00pm

Sunday.

(23) On the Mothers birthday, from 8:00am to 6:00pm.