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Hello all, has anyone applied for a variation of order at all? I am very tempted to apply myself as the currently, I feel what is in place is not convenient and also I am already getting resistance. Messages are ignored, the communication book is never written in either. Shall i look in to this now or just wait it out?
It is my eldest daughters birthday on Wednesday, I have asked if it can be arranged for me to see her, I get no response although the court order states special days need to be discussed and arranged. I will be seeing my girls on Saturday, but I know my daughter will be upset if she does not see me or talk to me on her birthday. I only get three hours every two weeks at the moment. the thing is, when I pick them up and drop them off and wrestling them in to their car seats, I lose a good half an hour of the three I have which i feel is unfair. What hurts the most is my girls keep asking me to spend more time with them and they want to me to look after them when Mummy isnt there.
This is going to go on for another 6 months until over nights start, but I want this changed to being earlier.
hi,
i applied for variation a couple of weeks back. had good reasons too. think i gave my ex a narcissistic injury lol. [censored] for tat. because she didnt like a message she received from me, she turned back on court agreements, first she broke recital agreements about more time with my baby daughter. i applied for variation, then shortly after she breached order by not letting me pick up kids on a friday.
how old are your kids? if she has not been breaking the order, i would stick with it. i know how it feels. i had the same in beginning, with kids begging to stay overnight with me. court process made me wait like 2-3 months before a single overnight could start. then around another 3 months before full fri-sun overnights begin. overnights began when one child was 2 and a half.
How old are your children? that isn't much contact . normally to get so little contact with overnights to start 6 months later one of them if not both must be under age of 2.
Thanks both, the eldest will be 6 tomorrow and the youngest turned three in December. I have been heavily involved with them before we separated about a year ago. CAFCASS have no concerns with me at all (they told the court that this had gone on for far too long and should be resolved)
Originally, i had agreed to weekly visits, 10am-6pm until September for over nights to start. The ex kicked up a massive stink and this got reduced to three hours every two weeks, which is poor. I am hoping she will become more reasonable now she knows she does not get everything her way after a failed appeal. I just think three hours every two weeks is awful.
hi,
so this is what you got from a court order, 3 hours every 2 weeks in the interim? i agree its awful. i had been seeing one child for 2 hours a month until recently. if cafcass stated that theres no safeguarding issues, did they not do a S7 report and recommend more contact with your kids? my kids were age 5 and 2 when overnights started.
how old is your court order?
The order was issued in December last year. a section 7 report was carried out, they said that the children are at no risk and should be back in contact with their father as soon as possible. unsupervised should start in a couple of weeks or so. the second this is refused, which I think it will be, I will take it back to court i think.
It is mainly down to the ex being awkward really. I am hoping she will just agree to more time herself, but that is wishful thinking.
You can’t apply for a variation until the order is a year old . If the ex is playing up and not following it you apply for enforcement and as part of that you might be able to get them to vary it ..
No harm trying
hi,
are you sure you can not apply to vary order within 12 months?
i got my final order in May 2019. made court application in december 2019 for variation and its still going on.
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