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Hi all.
Im unsure as what direction I need too take next.
Got a CAO due for review end of this month, when the solicitor sent me a draft of the order I pointed out a few things that wasnt agreed between parties at court.
Finally got the order and surprise surprise they had included the things that wasnt agreed in the order!
Ex is also breaching the order by doing things that we agreed in the order that they wouldnt.
Im not happy that me and the ex consented too an agreement in court and then recieve the order contradicting what was agreed and now ignoring parts of the order.
Im unsure as to what my next steps are.
1. Just wait until the review
2. Notify somebody (who?) that the order isnt what was agreed (how would I do this) and also that ex isnt complying with what was agreed.
Any advice would be greatly appreciated.
Hi there
Did you point out the errors in the draft order in writing? Was it the other parties solicitor that prepared the draft order? Did you contact the court about it?
You should write to the court in the first instance and explain that the order was not what was agreed, even after you had contacted the solicitor to point out the errors, and that as it stands,the other party isn't complying with parts of the order either and ask for this to be looked at at the next hearing. The court have the power to write a new order, which would override any others previously made. You can do this by letter or email, as long as you include the case number and names of the parties.
As there's only a couple of weeks or so until the review, I doubt the court would bring the hearing forward, it might be a good idea to write a brief position statement setting out what was agreed in court and how the draft order included things they weren't agreed in court, that you pointed these out to the solicitor, which was subsequently ignored and filed regardless. Also point out the things that your ex is doing since then that go against what was agreed. Keep it brief and have copies for the court, other party and yourself.
All the best
As Mojo has said, write or contact court A.S.A.P. and provided them with evidence of what you explained to the ex's lawyers about the errors and current non-compliances.
I'd not wait until the reveiw i'd get it to them now, the court may however decide to wait until the review to deal with it if it's within a few weeks.
Agree with both lots of advice above.
If the court won't acknowledge the errors now or at the next hearing, remember all hearings are recorded and you can get transcripts of the hearing.
Best of luck
Thankyou all for the advice. I called the court and explained the situation and was told too email the court which I have done. Still heard nothing back. Should I just wait for the review or give them another call. Im just worried because how the order is written with stuff that wasnt agreed I am in breach of the order.
Hi there
You've only got another week to the next hearing I believe, but there's no harm calling the court to see if your email has been put before the judge for consideration yet.
In what way do you feel you're in breach?
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