[Solved] Variation Orders

Hi there

If I were you I would write directly to the judge that made the order and explain what has happened and ask for an urgent return to court for new directions, as contact hadn't even started yet and she is already breaching it!

Either that or you can make an urgent application for Enforcement, take the form into court in person and explain to the court office what is happening and ask if the same judge that made the order can have a look and get it back into court straight away.

Best of luck

I'd have to agree with MOJO
write to the judge and explain the situation. i let my ex do this on too many occassions but started writing to the judge once she'd stopped the contact and at almost every time the judge brought it back for directions.
a couple of times i was told all i could do was seek enforcement and to put in an applciation....obviously that costs you but it may be what is needed. hopefully she'll realise she has to do what the court says....although my ex never worked that one out and has managed to prevent contact too many times now that my little one is saying he doesn't want to see me....Parental alienation by the ex has set in and taken hold!

fingers crossed for you pal

Hi Thanks for getting back so quick, thanks for advice, and hope you all had a good weekend.

I wrote to her solicitor last Friday after i calmed down and outlining what was said in her text and asked that he reminder her that she cannot pick and choose when to alter the order,..... and that if children were not there on time then i would apply for enforcement.

Suffice to say children were on time and we had a fantastic weekend.

However on Saturday i received a letter from court with a letter attached from her solicitor requesting a variation to the location for handover and to push back the handover times due to her not being able to get there on time because of work..... He states this is so as to avoid any litigation if she was late in future........ he then also included comments about the final order not matching what was said in final hearing but his client did not see this as an issue at this moment.....

Court requested my comments on the letter......

now.....

1) i requested police station for protection form further allegations and her misbehavior.... i will highlight this in reply
2) final order matched order that had been in place for 5 months during proceedings up to contested hearing with no issues about handovers or times........ i will highlight this.
3) she submitted evidence to show that she could regularly pick up from school and get to hand over point.....but apparently this does not apply now for some reason?... go figure.

I have until Friday to reply to court.

I reject what is stated in the letter, i do not want the order altering and see no reason to alter it so that children then spend less time with me..... yet i do not wish to return to court. If i reject what is being said then will another hearing be called or will the judge simply make a judgement and issue a new order?

Can i suggest that the no order principle should apply due to existing court evidence on file that conflicts with what the children mother is now stating?

Additionally she has finally seen fit to start the Financials after repeatedly delaying matters.... I feel that the issues above are to do with her being controlling again however could this be a shot across the bow from her about this as well?

I think you are best returning to court, at this stage you don't want to do anything that will prejudice your position and going against the court will not help you in the long run.

Thanks for the reply actd, though you seem to see something here that i do not quite grasp, not sure why i would be going against the courts when i simply disagree with what the mother is now saying and there is already evidence on court file she submitted less than 2 months ago contradicting what she is now saying.

I think your approach is appropriate, your points are as valid now as they were prior to the order being made,the court accepted them and so did she, she had a chance to contest anything that she was unhappy with, she didn't and as you say, provide evidence that conflicts with what she is now claiming.

Just put your points across, as you have here.

There's no way of knowing what the judge will decide, you just have to go with it and see what happens, if I'm pushed I'm more inclined to think that it will be pulled back to court.

I wouldn't ask for the no Order principle, just be firm in your arguement s and state your reasons why you believe a return to court is counter productive and refer to the evidence already on file.

All the best

many thanks for the advice

Sorry, I misread, I was thinking you were intending not to go back to court for the next hearing.