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Returning to court:...
 
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[Solved] Returning to court: Variation of Order

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Posts: 5420
Topic starter
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

my barrister said court don't like to make future age-based orders apparently. so in recital we agreed that i get few more hours when baby turns 1. then overnights from age 2. at time of my final hearing, baby was about 6 months old. so they put in order that i see her 2 hours every other weekend. i have 2 other kids, aged 6 and 3 now. so they squeezed the baby time in when i go to drop 2 older kids back on a sunday. so 1 hour with baby every other weekend. i did tell my barrister that this could be a concern, as ex could fool around when baby turns 1. will see if i can get every sunday with all 3 kids.

at moment i pick up kids from school on my friday-sun weekend. and mid-week from school. will ask for fri-mon, with school run. and try get mid-week overnights. maybe be asking for too much. don't know. in original hearing, cafcass said no to mid week overnights.

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Posts: 289
Registered
(@citydad)
Reputable Member
Joined: 6 years ago

Dint ask don’t get I guess . As long as you can show to the court it’s practical for you to do so I’d ask for whatever you can , they can only say know . What did your barrister say about recital vs actual orders ? You can’t enforce a recital (?) my ex has broke both , so if you can get things in an order rather than recitals it might help you further down the line ...

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Posts: 5420
Topic starter
(@dadmod2)
Illustrious Member
Joined: 6 years ago

yes barrister said technically the recitals are not part of the actual order. so i can not make an enforcement application. and he said i should seek a variation and to make recitals a part of the order.

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Posts: 289
Registered
(@citydad)
Reputable Member
Joined: 6 years ago

Yup that’s what I’ll be doing . Make sure the wording of any order doesn’t leave anything open to interpretation . Mine does and the Ex takes the mick with it at the mo. Final hearing soon so will sort it then . If you think something is ambiguous or the Ex will try to act up make the court aware and tell them to spell the orders out in detail otherwise you’ll just be back again

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Posts: 5420
Topic starter
(@dadmod2)
Illustrious Member
Joined: 6 years ago

had my MIAM call this morning. cleared to go back to court. he chuckled when i asked: so same time next year? :p

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