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[Solved] New member court order confussions

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(@Daddyup)
Prominent Member Registered

The cost for a specific issues order is less than a solicitor/barrister but could take a few months to be looked at.. Not sure if you can contact your local family court to get an idea of how long it will take to list if for example you lodge it tomorrow.. Then you can decide what you want to do.. (or they are vague or unclear then maybe contact a solicitor and use the 30 min free appointment to ask them how long the courts are taking)...

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Posted : 12/07/2020 9:37 pm
(@jed100000)
Eminent Member Registered

Existing order stays and the specific order clarifies and compliments it...

When I say negotiate I mean speak to a solicitor/barrister, get it clarified and send a letter to your ex (usually better to go to court but you've mentioned a legal letter may work).

If cost is an issue maybe consider Citizens advice or if you live in an area with a law school that provides legal advice then that's another avenue to consider (paying for solicitor/barrister will be quickest if you believe a letter will do the trick)..

Thanks Daddyup
Still reading info but that isnt stated so thankyou for confirming.

After reading i think it may be best to send a letter to the courts. The reason being is that the order is already in place I dont think it needs to be re written or re-applied for.
The specific order would it contain that the Mother must be home or provide alternative care on the friday?

As im now thinking if the order didn't mean that in the first place then its a change of the arrangement order ...is this done with a specific order request ?

If it is already iwritten into the order enough and as it was meant to be then nothing else should be needed and i know sges breaching the order.

It does say that anything that can be sorted in an arrangement order should not be done by a specific order. If its in the order written ok already I dont want to get a bashing for going to a judge over a sentence of which im not questioning myself. All very confussing but I have more avenues and more reading to do,

I was so lost when i posted here and now i feel much better and im learning lots.

Thankyou for all the help.

I'lll up date as soon as i do the first steps.

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Topic starter Posted : 12/07/2020 10:18 pm
(@Daddyup)
Prominent Member Registered

Good luck with things.

It does sound like the issue is with the differences in interpretation and therefore if your ex will respond to a legal letter clarifying the order then that's the best way to resolve things.

How you get the legal advice and consider cost it for you to take a look at.

If after you send such a letter and she doesn't comply then you apply to enforce the order based on the legal advice you have already obtained and self rep at the court.

I think after all these posts like you say things become much clearer.

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Posted : 12/07/2020 10:39 pm
(@dadmod2)
Illustrious Member

one other option is to apply to have your order varied. you mention your order is not specific about school/summer holidays? if that becomes an issue, you could get court to vary order to state that you get half of school holidays, and to be agreed by both parents.

that way you don't end up looking after your child for whole of holidays, when you should be going to work. are you allowed to take child abroad on holidays? if not, then that's another thing you could add to order, along with sorting out your friday problem.

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Posted : 13/07/2020 12:10 am
(@jed100000)
Eminent Member Registered

Thanks Bill i absolutely see the sence in this the only reason I won't committe to alot of days as it pre uses my work Holidays so i always book a full week 7 days the 3rd week in Juky to be with him and the amount of times ive had to use other days for his Mums sickness is unreal. So i do random days that fit on the sides of my days off
Topped up by random dissapearances if it wasn't for my holidays i would be unemployed.
So i try to keep them hoarded its not ideal but shes never going to stop pulling stunts that she can lie herself out of, then cry to the courts that she has no support just so she can move away.

An update thou
I asked to meet with her today, I popped the subject.
We need to talk about the Fridays and our sons childcare.
I got no reply, she turned around and walked off.

Didn't help that her Dad was waiting in the car.
I had hoped we could talk it out not rushed but i got nothing anyway.

So at least ive tried the direct route first, now onwards i go.

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Topic starter Posted : 13/07/2020 4:22 pm
(@dadmod2)
Illustrious Member

on a positive note you get loads of holiday time with your child. i can't get more than 3 nights straight this year lol.

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Posted : 13/07/2020 11:42 pm
(@jed100000)
Eminent Member Registered

on a positive note you get loads of holiday time with your child. i can't get more than 3 nights straight this year lol.

Yes very lucky and id have him Fulltime if i could.
Can you apply yourself for a longer stay?

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Topic starter Posted : 14/07/2020 1:22 am
(@dadmod2)
Illustrious Member

no not this year. been through court. cafcass gave into mum, as she didn't want kids staying more than 3 nights with me. and probably also due to fact i have a 1 year old child. next year will be better going forward.

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Posted : 14/07/2020 2:55 pm
(@jed100000)
Eminent Member Registered

no not this year. been through court. cafcass gave into mum, as she didn't want kids staying more than 3 nights with me. and probably also due to fact i have a 1 year old child. next year will be better going forward.

Hope it improves for you Bill this biased towards Fathers is old fashioned and needs stopping.

Ive written a letter but a question did occur to me.
What is classed as a weekend?
If im working all week and have him the weekend surely Friday daytime is not the weekend?
The working day hours is a day in the week. When does it become the weekend.

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Topic starter Posted : 14/07/2020 11:43 pm
(@dadmod2)
Illustrious Member

from court point of view, weekend would be classed as friday after school, to sunday evening. the most common arrangement they give is get the dad to pick up kids from school on friday or at 5pm from ex, return them on sunday evening, 5pm.

for school holiday contact, i got friday 10am - monday 7pm. and am still dealing with a pain in the backside ex, who's trying to interpret/dictate what is classed as end of term/when school holiday begins. unbelievable.

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Posted : 14/07/2020 11:51 pm
(@jed100000)
Eminent Member Registered

from court point of view, weekend would be classed as friday after school, to sunday evening. the most common arrangement they give is get the dad to pick up kids from school on friday or at 5pm from ex, return them on sunday evening, 5pm.

for school holiday contact, i got friday 10am - monday 7pm. and am still dealing with a pain in the backside ex, who's trying to interpret/dictate what is classed as end of term/when school holiday begins. unbelievable.

If that is the case then i think the court fully understood what they were doing and the agreement was an exact replica of what we had in place.

I was told last week that shes looking for work and i bet she takes the friday just to add that extra bit of awkwardness.

That could sway the order a bit maybe as if i work they may say why can't she too but i have no benefit or housing protection if i stop.

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Topic starter Posted : 15/07/2020 12:49 am
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