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TOPIC: Varying an Order

Varying an Order 3 weeks 3 days ago #98505

Afternoon Dads

I have had a court order in place for just over a year now but one of my requests was the middle 2 weeks of the summer holidays. What the court has done is put the 2 middle weeks of the holidays 2018 which she now says was only for last year and not an ongoing arrangement as agreed.

I filled in a Varying order form but it has been returned saying it's the wrong form.

Can someone please tell me how I get my current order amended?

Thanks
Rob

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Varying an Order 3 weeks 3 days ago #98506

C100 form to Vary existing order.

I've copied the following text direct from the form:

Application under section 8 of the Children Act 1989 for a child arrangements, prohibited steps, specific issue order or to vary or discharge or ask permission to make a section 8 order

The law has changed, and you are now legally required to consider mediation before applying to the family court to resolve a dispute about your children or finances. This means that before submitting your application, you must attend a Mediation Information and Assessment Meeting (MIAM) to find out about mediation and see if mediators can help you sort out arrangements for the future.

As it's been over 6 months since your order was made i'm pretty certain you will have to attempt mediation and attend a MIAM and get the form signed off by the mediator if you cannot get an agreement from the ex.

Have you tried writing to the ex explaining that the courts expectations would have been that the holiday sharing would be year on year and that as you have already been given it then by going back to court would cause unnecessary upset for her and your child and would most likely be awarded again and further enforced.

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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Varying an Order 3 weeks 3 days ago #98512

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Have you already booked the holiday for the same period for this year?

If you’ve only got a limited time to get this sorted, you can make an urgent application to bypass the requirement to attend mediation, as it’s a specific issue, you could try the C100 form for a Specific Issue Order instead of a variation, unless there are other things you also wish to change.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

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