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I have existing Court Order awarded for contact whcih was based on my working hours at that time. There was no consideration for the fact that my job might change in the future.
Currently I have contact with my children overnight Mone, Tue and Wed and 1 saturday night per month. I no longer work weekends and would very much like to have my kids on alternate weekends so that we can do something other than homework together and the boys have cofnirmed that they woudl like this too.
My ex has refused on the basis that it would reduce her maintenance as assessed by the CSA!
I am about to try mediation but I don't expect my ex to agree to participate. Does anyone know of an easy way to seek a variation to an existing Order?
Also I have heard that the Court will only consider a variation if there is a material change in circumstance. Would a change of jobs constitute a material change?
Hi There,
I think Mediation would be a good start as you may manage to resolve yourself without a judges intervention.
If it doesn't though it's my understanding that you can still apply to the court for a variation in the order if the order no longer suits your working pattern.
It's horrible that ex's use CSA as a reason not to allow more overnights and it shouldn't happen, however it seems to happen more and more these days.
GTTS
Hi there
My son is going through a variance of contact at the moment, there are only the two options and that is mediation and as a last resort court. Which you are entitled to apply for as circumstances have changed.
See if you can get her to admit that she won't accept the changes in writing, either by email or text....this can be used in court if it gets that far and they will take a dim view of a parent using this as a reason not to be flexible.
Even if she refuses to attend mediation or it fails its now necessary for you to provide an FM1 when you apply to the courts, to show that you have attempted to resolve the issues informally. Legal Aid is still available for mediation and you can check eligibility here. www.gov.uk/check-legal-aid
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