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Court order advice

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mrstrange
(@mrstrange)
Trusted Member Registered

@bill337 

That is correct. At least the OP retained an overnight contact. He could have lost it. This is why the court recommends that parents try to work something out between the court could order arrangements that neither parent like. 

 

Hopefully might encourage the OP’s ex to be more cooperative and refrain from applying for court orders in the future.

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Posted : 29/06/2022 1:39 pm
Bill337 liked
aj2016
(@aj2016)
Eminent Member Registered

yep, agree.  thanks all for offering views and advice

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Topic starter Posted : 29/06/2022 2:30 pm

mrstrange
(@mrstrange)
Trusted Member Registered
Posted by: @aj2016

yep, agree.  thanks all for offering views and advice

I would also like to add the following that applies not just to yours but al child arrangements applications. 

 

In family court judges sit hundreds CAO every year. They prefer following precedent as it’s the path of resistance. Ordering cafcass recommendations or mirroring a previous order makes a judge’s order less susceptible to an appeal or being overturned through a variation.

Therefore, parents who seek bespoke arrangement’s are unlikely to be successful. It’s easier to follow Cafcass recommendations and move on to the next hearing, than it is to write a speculative analysis to justify why a bespoke arrangement is in the best interest of a child.

 

When there are 100,000 child arrangement applications made every year, judicial consistency is essential and made possible by ordering similar arrangements for the majority of applications. Both applicants and respondents can be disappointed by court ordered arrangements but this is simply how childrens acts proceedings work.

 

In general parents of school aged children, you have the greatest chances of success in family court if you live very close to the school.

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Posted : 30/06/2022 2:17 pm
aj2016
(@aj2016)
Eminent Member Registered

just following up on this, as we are having 'fun' with new order already.

as you can read above, we have a new court order, which is essentially contact with me every other weekend and sunday evenings on the non-contact weekend.

This is starting when the children go back to school and the first non-contact weekend, means the children should be with me on 11th Sept from 5pm.

My ex has emailed saying as it is her birthday (on 14th sept) the children will not be able to come on the 11th and they can come on the 10th evening instead. (not asking me, just telling).  She says has plans on the 11th that were arranged before the court hearing, but they have never been mentioned before, not in court or when her barrister sent a draft order for her to approve.
Swapping to the 10th, would mean I spend my whole evening at a swimming competition for my daugher (6-915pm) and dont spend any quality time with the children.
It just seems she has no concept of the order being what we have to stick to and she can just change it when she pleases.  She will of course manipulate it now so that she makes it that I am forcing the children to come against there will, which is always the game she plays.  Ie she will tell the children what amazing things they could be doing with her, and if they come to me they will be missing out..

Grrr!

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Topic starter Posted : 16/08/2022 3:52 pm

top tips to support your child after breakup

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