[Solved] Varying a court order and false allegations

Hi There,
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I think by the sounds of it you have a strong case for varying the order, I don't think the new allegations will hold much weight and she would be questioned by the judge as to why these have only just been mentioned, The courts are getting very good at seeing through false claims that are made to try and slow down or stop contact and if the police haven't charged you then I would imagine that the judge wouldn't allow the claims to ho;d things up.
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Cafcass may look into them, but with no evidence and the police releasing you I think you should be ok.
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GTTS

thanks for reply.

One of the allegations was before the previous court hearing, so that was already dealt with by cafcass - so yes, I agree it looks bad on her to change that particular allegation now.
The other allegation she made refers to Christmas time this year, so since the last court hearing. If she has lied to the police about this, then I assume she will also lie to cafcass. As I pointed out to the police, there is no evidence (because it didnt happen!) and none of her story makes sense, ie why would you carry on as normal and then only mention it the police a month later!

Hi again,
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I agree and the fact that the police haven't charged you will tell a story as well as if there was any evidence then they would have, I would say don't worry about it but that's easier said than done becuase the view is there is no smoke without fire, but I do think you are in a strong position to defend yourself.
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GTTS

i recently applied to vary my existing contact order...i was advised to apply using a C100 and that i would need to attend MIAM before the application would be accepted by the courts.

I don't know the difference between a C2 and the C100 but i'm sure there are more knowledgeable people here can advise.

If there is an ongoing case then you can use form C2 to add an application to existing proceedings.

If the case is closed and you've had a final hearing, you would need to make a fresh application using form C100.

If the case has very recently finished, you have the option of writing directly to the judge that made the final order, explaining your situation and asking if he/she would use their discretion to reopen the proceedings and bring it back to court for new directions.

Thanks, c100 it is.

I think alternative weekends Friday to Sunday, plus a 2 night stay midweek on the week preceeding the weekend I don't have kids would work well and maintain the 5 nights over two weeks I currently have. It would also avoid any need to use 3rd parties etc as I would only be collecting and dropping off at school. Worried that I wouldn't get this and would end up with less time with the kids overall.

The school holidays, I'm not sure what to propose, just want to maintain regular content with the options for both parents to go on away holidays with the kids, or long weekends wtc. Just want to avoid the current situation where she can book whatever holidays she wants, but I have to ask permission if I want to.

I would ask for alternate weekends from Friday picking up from school, intil Monday dropping back off at school, if you asked for two nights midweek in the week preceding the weekend the kids aren't with you.

As far as holidays are concerned, you could go for a 50/50 share of all school holidays, and during the summer months you could ask this to be defined as a block, starting at the beginning f the holidays or for the second half. You could also ask for alternate Christmas and birthdays. If you're going for as much definition as possible you could also ask that the kids passports are handed to you at least a month before travelling to ensure that there are no last minute delays or holidays are missed.

Hope that helps.

Well that would work for I think, just hope the court see it
Worry that if the court ends up deciding then they would just give me one night during the week,and I'll end up with less nights overall. Don't think kids would want this.

With half the school holidays, how would this work over one week half terms or easter? In the past we have had one parent having a whole week away in one of the half terms, but if we split then not possible ever. I guess we could alternate eg one parent had feb half term, but no may half term and alternate yearly

Oh well, will see!

Hi There,
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Where holidays are concerned there are lots of different ways in which this can be handled, some parents will split down the middle and the children spend 50/50 split, some will do first week and last week of summer holidays, it would be down to you to suggest options that work best for you with an idea of compromise where possible.
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What you are asking for with every other weekend although nothing is standardised, is a common result from court, the judge will look at what works best for the children more so than the parents so seeing either parent on alternate weekends gives a good level of contact, with a possible mid week also.
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GTTS

this is what worries me, first and last weekend of the school holidays would be awful - no contact with the kids for 4 weeks in the middle, is not what they or I are used to.

Alternate weekends would work, but only if there was a midweek stay every week, or a 2 night midweek stay one week - otherwise the children are with me less time than they are now.

I have just heard that my ex has made an application to the court, based around these false allegations of abuse and that she has concerns for the children when they are with me - all utter lies and untrue, but nevertheless worrying for me

Hi AJ2016,

Re-read the comment I made in your other blog: "Ex refusing to commuincate about school holidays". If you're able and wanting to have half the school Summer holidays, you can ask the court to set it to be shared in defined alternate week-long blocks of time. The CO relating to my son stipulates her is to spend the 1st, 3rd nd 5th weeks with me. If you go for something like this, it should allow you to plan ahead.