[Solved] Directions hearing this week for varying a court order

Hi guys,

Just a quick update from the final hearing today. It really didnt go my way and most points were rejected unfortunatly. Would love to bring some good news but the only thing they accepted was to allow drop offs on sundays to be later. I think as a few have said it very much depends on who you get on the day, and the mother really played on their heart strings with tears etc. At least i tried and would never have known unless I did.

I do very much appreciate all the help on here. As everyone says, it really is a rollercoaster ride these court visits and in a way happy that its over even if it didnt go my way.

Oh, sorry to hear that it didn't go well. As you say, at least you know you tried everything you could and for now, you can just relax and spend time with your son. There's nothing to stop you trying again after another year or two, once all has settled down again.

Hi there

Thanks for the update.. I’m really sorry to hear that, I cant understand why they couldn't agree to you requests, as they were perfectly reasonable and in line with what most courts would grant.

As acts says, recharge your batteries, get over your disappointment and try again in a year or so.

All the best

Thanks ACTD. Yeah been thinking I might try again just for the main points this time. I know the process inside out so it would just be the application fee. Agree though for the time being just going to enjoy what i've got - they did extend out my weekend on Sundays so its not all bad.

Thanks Mojo as well. She put up a very compelling argument for everything I had, and also sent in 37 pages worth of evidence! It did seem to be going my way at the start with my speech and her questions, but she brought out every little text and email (as well as tears when discussing christmas) and you could see the magistrates favouring her more and more. I even offered a couple of comprimises but these were rejected and the courts decided not to use them.

Agree though its done now, and really had enough of court papers for a while! I'll reassess in a year or so like you say - its always an option.

Thanks again for your support on here, cant recommend this website enough thankyou.

Hi,

I dont want to sound obsessive on this as i'm really not. It just probably the main thing I asked for was to pick my son up on Fridays rather than saturday at 10am. They refused this as the mum said that my son enjoys his swimming so much that he would be devistated to miss it. She even started crying when she said it. I had my son last night and he's said that the swimming is stopping soon as he wants to play football instead on Saturday mornings. The reason I gave to pick my son up was to take him to football matches with a team hes trained with for 3 yeras now (there 5 boys he knows very well from this).

We've not had the reasons through from court yet as to why they made their decisions as the day went on too long. If the reason for the Saturdays is the swimming (which it can only be really), is there any way I can bring the news that the swimming is stopping (and his mum would have known this in court) to the courts after the final hearing is finished? I'm guessing it a fresh application but just thought I would ask.

Again i'm really not obsessive about this - had resigned myself to the order tbh. Its just this was the main thing I wanted, and to lose it based on a lie is very frustrating.

You could try writing to the court to tell them about this development, as it changes the weekend dynamic. The fact that she must have known this was the case is annoying.

You would make it for the attention of and the names of the Mags that made the final order.

They may agree to bring it back, or advise you to make a fresh application to vary the order.

You could try contacting her and telling her that you know that she was economical with the truth in court about the swimming and suggest that she agrees to change the arrangements, otherwise you will inform the court of the new decelopment and request a return to court to vary the order.

Thanks Mojo as always. I'll wait and see what the decisions and court order say when they come through, as the court date was only Wednesday this week. I assume the magistrates will be on this letter. Assuming it does say it was the Saturday swimming for the reason then i'll go down the route you've suggested emailing the mum first. Thanks very much for that, i'd of been happy losing everything else just for the Friday pickup as hes effectively going to lose touch with these 5 lads when they start playing football on Saturdays together.

... just a heads up, the court order could take weeks to arrive, might it be a good idea to write to her in the meantime and get the ball rolling.

I’m always one for striking whilst the irons hot!

Agree thanks Mojo. I've checked and swimming stopped last weekend before the court case and she couldn't continue if she wanted to as the next level up is at a different time when she wouldn't have my son. So she definitely would have known about this prior to going into court, but has still used the swimming as the only reason for me not picking him up on a Friday. I'll get an email over to her before the order arrives. I can see this being raising another variation, but it will be worth it if I can keep my lad in his footy team.

Personally, I would push for the judgment to be sent asap and take some legal advice as to whether there is any grounds for appeal. It's quite common for magistrates to make ridiculous decisions and for parents to appeal. If you appeal, you get before a District Judge and they won't fall for tears. You will have to move quickly though as there is a time limit.

The more time I spend in front of magistrates and the more I hear about their decisions in other cases, the more convinced I am that they should not be allowed to run final contested hearings or fact findings. They are just simply not up to the job!

Really sorry to hear you didn't get a share of special occasions. I'm very surprised too.