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TOPIC: Second final order

Second final order 2 months 3 weeks ago #98137

I had a final order made in 2017 that was breached, applied for enforcement and a second final order was made in 2018.

My ex is now saying that parts of the 2017 order apply. Can someone point me to practice direction or case law that explicitly says a second final order supersedes the first ?

Thanks

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Second final order 2 months 3 weeks ago #98139

In my case, the new order superseded the previous one in the provisions which were included in both. In other words, the new ‘Term Time Wednesday’ order supersedes the previous Wednesday order. It also stated that an important provision of the previous final order was ‘discharged’. This was a provision which was not included in the new final order.

So, this suggests that if there was a provision in the first order which was not ‘updated’ in the new order, and importantly was not expressly ‘discharged’ in the new final order, then it seems it can still be said to be live.

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Last Edit: by CHAPTER.

Second final order 2 months 2 weeks ago #98146

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As far as I’m aware, a new order supersedes the previous one, but hopefully, it would be a simple matter to get written clarification from the court about this.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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