[Solved] Vary Court Order

hi,

i have not varied the order. final orders about 4 months old. i would not go back in just 6 months time, unless you have a very good reason to do so, e.g. ex not sticking to order and not letting you see kids as agreed in order. if you did go back, there is good chance the judge will just send you away and tell you do go for mediation. in some cases, they have set order stating both parents can not return to court for x number of years lol.

Makes sense, the chances of her breaching an order are quite high so we may end up back in court anyway

Was there any additional expectations of the court such as "for extra contact as can be agreed between the parties"?
There was in mine

If so you could try asking the ex, in writing of course, if extra can be agreed between you? if she refuses then as Bill says, leave it until 6 months have passed before asking the ex again for extra contact and if she refuses then you could apply to vary the order (C100 form to vary order)

Yes I will of course try and mediate these extra days first before going back to court.

I will draft something up with my solicitor.

There is nothing I can see in the Final Order that states anything related to negotiating further contact, or not returning back to court within X amount of time. It just states the contact dates/times.

hi daniel,

try and be patient. yes its tough, i get this all the time. 6 year old and 3 year old, both moaning that they want to stay an extra night or want to play for few more hours. its not nice when you can not give them that because of the order and a nutty ex. things will change over time. the kids will get older and just do whatever they want.

hi daniel,

try and be patient. yes its tough, i get this all the time. 6 year old and 3 year old, both moaning that they want to stay an extra night or want to play for few more hours. its not nice when you can not give them that because of the order and a nutty ex. things will change over time. the kids will get older and just do whatever they want.

Yes I appreciate that feeling, no one wants to go back to normal life after a good weekend, but have to balance what is the best life for the children and what is not. I know my daughter has to go back, she is settled at school

is there an age the court will take the wishes of the child more seriously, 12+?

How do courts view varying orders? I guess it works both ways, the ex could vary an order, but also the father if the child wants more contact.

It’s not uncommon for parties to return to court to gain more time. This is often necessary where the order is vague, or lacks definition... it sounds like this may be the case with you.

I would chill out and enjoy your time with your daughter for now, the ink’s not dry on the order yet! You would need to attempt mediation prior to a fresh application... if it were me, I would try and establish a good working relationship with the ex, if possible... if you can do that, she might become more open to more time.

All the best

It’s not uncommon for parties to return to court to gain more time. This is often necessary where the order is vague, or lacks definition... it sounds like this may be the case with you.

I would chill out and enjoy your time with your daughter for now, the ink’s not dry on the order yet! You would need to attempt mediation prior to a fresh application... if it were me, I would try and establish a good working relationship with the ex, if possible... if you can do that, she might become more open to more time.

All the best

Thanks that is good advice, unfortunately due to being at war with my ex over allegations which were found unproven by court we are not on speaking terms only via solicitors.

... that’s a shame, sometimes, after the case is over and the dust settles, things can get back on track... let’s hope this might be the case for you.