[Solved] Variation to contact order that is 4 years old

question..... do you have the children now as per 2013?

will the mother give you more time before you go to court?

if you go to court will she stop the 2013 order?

but yes c100,,, but you need a mediation form and a letter sent from a solicitor is also good 215 +150+100 = 465 pounds before you are in court

just be able to prove that the time spent with is more beneficial than previously before

Childrens act 2014

Welfare of the child: parental involvement
.

(1)

Section 1 of the Children Act 1989 (welfare of the child) is amended as follows.
.

(2)

After subsection (2) insert—
.

“(2A)

A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.
.

(2B)

In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child’s time.”
.

(3)

After subsection (5) insert—
.

“(6)

In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—
.

(a)

is within this paragraph if that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm; and
.

(b)

is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child’s life would put the child at risk of suffering harm whatever the form of the involvement.

question..... do you have the children now as per 2013?

yes i do.

will the mother give you more time before you go to court?

no she wont, i have tried and tried and asked and asked and the answer is no

if you go to court will she stop the 2013 order?

I am not sure, it wouldnt look very good in the courts eyes or that of her partners.

but yes c100,,, but you need a mediation form and a letter sent from a solicitor is also good 215 +150+100 = 465 pounds before you are in court

i have the MIAM. why do i need a letter from a solicitor if i am representing my self?

just be able to prove that the time spent with is more beneficial than previously before

Childrens act 2014

Welfare of the child: parental involvement
.

(1)

Section 1 of the Children Act 1989 (welfare of the child) is amended as follows.
.

(2)

After subsection (2) insert—
.

“(2A)

A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.
.

(2B)

In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child’s time.”
.

(3)

After subsection (5) insert—
.

“(6)

In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—
.

(a)

is within this paragraph if that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm; and
.

(b)

is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child’s life would put the child at risk of suffering harm whatever the form of the involvement.

Hi

you don't need a solicitor's letter. You just need the mediator to sign the C100 so that you can apply for a variation of the order.

I'm guessing that a solicitor's letter will fall on deaf ears if you have been through the court process before.

Will I have to make a new application on the C100 or vary the existing order given that it was written in 2013?

You apply to vary the old order by completing a C100 form. You tick the Child Arrangements Order box and say that you are applying for a variation. You will have to attach the current order to the C100. Best of luck

hi daddydoo,

I am not a solicitor but if you can afford it a one off appointment with a solicitor , they will give you a good indication of what increase in contact is reasonable.

A letter sent to the mother indicating what you want may fall on deaf ears but take the letter to court and this will give you a good starting point when dealing the courts .If you wish to represent yourself.

Good luck and all best