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

Thanks for that Yoda. I've been away with work the last couple of days so not had loads of chance to do much with this, but am home now for the rest of the week. I'm trying to find out what i can about class times from the swimming club at the minute. I've also prepared a letter to the mother (based on what Mojo has said), asking that if swimming isn't carrying on would she consider pickups on a Friday due to this being the only reason given for not doing.

Would you email into the courts to given details of whats happened, and ask that the judgement is sent asap to confirm the reasoning behind the Friday decision? I have read about applying for a review or a re-hearing, but not sure if they're different to an appeal. My only concern with an appeal is if they'd hear new evidence, and also what evidence I can show other than a telephone call to the swimming centre and word of mouth from my son. Is an option to simply re-apply via the c100 for a new hearing? Much that i dont want to go through it all again, I dont feel I have much to lose and all the forms/documents are done from last time.

Thanks also, I was very surprised with the decision too. I think I could have put across some points clearer, but ultimately it really depends on the judges on the day.

You can call the court office and try and get them to get it to you ASAP, explain the new developments and the fact that the court weren’t furnished with the correct information and you feel their decision would have been different if they had.

You could ask the swimming club for written confirmation of the changed swimming club times.

I think Yodas advice to seek advice on an appeal was as much about getting your case moved up to district and a proper judge, but if you’d rather avoid that, you can still email the court and ask if they would consider restoring the case for new directions because of information that was withheld during the final hearing. They may, but if not, they would most likely advise you to make a fresh application.

Quick update on this. I've phoned the family court who have said the order isnt through to them yet, but them have put a note on it to chase it through, and suggested calling back tomorrow. They also advised calling the new applications line regarding whats happened. I phoned them and they said if i sent an email in to them they'd make sure it was forwarded on to the magistrates involved. I've done that today running through all of the details, and asking what my options are as well as if I need authorisation to submit a new application so soon after the last ones finished. I'm going to chase that through tomorrow to see where its at.

I've held off emailing the mum as I didnt want her getting in touch with swimming club before i'd talked to them. I left a message at the club yesterday, and they've called back today confirming dates/times etc. I've asked for that in an email and its come through this afternoon. The plan is to email the mum now and see what she says on it.

I've also been looking at the option to appeal the decision as suggested. I've downloaded the n161 form. It says I need authorisation before submitting this, would you know who would give this normally? Also if I lose the appeal would you know if I can be liable for the mothers legal fees if she has any? I'm still undecided on whether to go down this route or a fresh application. I'm going to decided based on what I get back from the mum and the court. Realise theres a tight deadline though so am watching that.

Thanks as always guys, I'll keep you updated. It's worth a shot if I could get a second bite of the cherry with this. Tbh I only want the Friday pickups so I can keep my lad in his football team, so if that gets sorted i'll be happy.

You seem to be dealing with this well... as you’ve sent the email,for the attention of the magistrates, I would wait and see what transpires from that.

I’m not too up on the appeals process, it I think you need the permission of the magistrates that made the order. The court should clarify that.

It’s certainly worth a shot and with any luck it will be successful...They don’t like being lied to and she even managed to lay on the water works too!

Thanks for the update and best of luck

Kobayashi,

Rule 27.2 of The Family Procedure Rules 2010 provide that Magistrates should give their written reasons for any order no later than 72 hours following the time the decision was announced in court.

https://www.justice.gov.uk/courts/procedure-rules/family/pdf/parts/Web_part_27.pdf

This is obviously so that parties have adequate time to prepare and submit an appeal, if so inclined. So it is quite important that there is not excessive delay to you receiving the order but most importantly the written reasons by the Magistrates.

If reasons are substantially inadequate then you may have grounds to appeal. Not an easy task, it is all down to the facts and process of each case along with the judgement/reasons of course. The appeal court does not rehear the case, but rather has a very limited role of reviewing the decision. Much case law on this, but you can start with Re G (A Child) [2014] EWCA Civ 565

If indeed one of their main written reasons is the mother's submission about the Friday swimming (which I doubt, courts (should) focus on more substantial points), then you have a good case to request that they reconsider the decision given the change in circumstances before the order has been sealed and delivered.

On another note, could you not take your child swimming on Fridays? If you are not near the mothers home or near the specific swimming facility, is there not an equivalent swimming club near you? This is why I doubt that this was a major consideration in the lay justices decision.

Lastly, you do not need permission to appeal an order made by Lay Justices (Magistrates).

Best of luck,

Chapter

https://www.familylaw.co.uk/system/uploads/attachments/0002/0019/FPR_PD30A.pdf

Have a look through this. I would personally make use of a free 30 minute session with a lawyer if you are thinking of appealing. They will be able to read the judgment and make sense of it quickly.

If the magistrates response is to bring this back to court. Maybe try that first, but you do need to move quickly.

I have signed a consent order with the UK court in 2015 to pay periodical payments for the benefit of my daughter and to pay the mortgage instalments on the house that they both live in. In November 2017 I took ill and have not been able to work since. I have now been diagnosed with a lifelong autoimmune disease and skin cancer. Can I apply to the court to reduce or not make the payments? I now live abroad and want to support my new partner and her kids from previous relationship. She receives no financial support from her ex.

If you're living abroad, it would be difficult to make a court application to vary the existing order, are you able to travel back and forth?