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[Solved] Vary Court Order

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Posts: 35
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Topic starter
(@devon82)
Trusted Member
Joined: 8 years ago

Hello,

Last month I sucessfully managed to have a final court order in place for contact once every 2 weeks (after 9 months of hearings)

Contact has gone very well for the first 2 overnights , the most recent one this weekend resulted in my daughter not wanting to go home at the end (she is 6) it took some persuading by my partner and I to convice her everything will be ok and we will see her again in a few weeks. Given that the order is brand new/and children often dont want to go back after a good weekend (as we all do after a holiday going back to work) I don't want to rock the boat requesting additional nights at court again,

Has anyone gone back to court after 6 months or so and managed to vary the initial order for additional nights.

9 Replies
Posts: 5460
(@dadmod2)
Illustrious Member
Joined: 6 years ago

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.

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Posts: 35
Registered
Topic starter
(@devon82)
Trusted Member
Joined: 8 years ago

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

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Posts: 1306
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(@dad-i-d)
Noble Member
Joined: 14 years ago

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)

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Posts: 35
Registered
Topic starter
(@devon82)
Trusted Member
Joined: 8 years ago

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.

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