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TOPIC: Are recitals enforcable?

Are recitals enforcable? 2 weeks 6 days ago #104918

I had recitals added into my court order that I did not consent to.

I was told we could make an agreement minutes before we went in front of the magistrates, so I did.
However, what was then included in the recitals was stuff I had never heard of before, and points that had been twisted and were not the same as what her solicitor promised me.

For example I was told I could take my daughter on holiday, as long as I let her know in advance. In the court order (recitals section) this was then a case of ‘i could with permission if it were agreed’ - I know for a fact my ex would never agree now this has been added as a caveat. The way it is written implies I cannot take my daughter anywhere, even an in country holiday to the seaside for one night. I believe as a litigant in person I was manipulated as there is stuff I did not consent to :(

The Court are not offering any help whatsoever and are just saying I have to contact Citizens advice. They would not even define what a ‘holiday’ encompassed to me.
Anything would be much appreciated , or it looks like I can’t take my daughter on holiday ever again, just due to malice :(

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Are recitals enforcable? 2 weeks 5 days ago #104924


during my hearings the cafcass woman who did S7 report told my barrister that issues about holidays/abroad needs to go in the order section. glad it was put there and not in recitals.

unfortunately recitals can not be enforced. this happened to me quite recently. was big issue, about me getting more time with child after she reaches age 1, then overnights from age 2. that was in recitals so ex decided to deny it and mess around. so all i did was go back to court. made application to vary the order in line with recitals. used chance to ask for extra time with kids and half of school hols.

i think this is something you need to look at doing and make sure issues about holidays abroad, school holidays is added in the order and not recitals section. in my order it says we need to give each other 8 weeks notice for holidays here or abroad, and we must cooperate in renewing passports.
The following user(s) said Thank You: actd

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Last Edit: by Bill337.
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