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Incorrect order

 
 Ldad
(@ldad)
Estimable Member Registered

Hi, 

Wondering if anyone could help. 

We had final hearing 9th June. No draft order shown to parties. Both parties self represented. 

The order was not written as agreed by both parties. I.e child birthday- it was agreed the child would spend half of the available time, so minimum of 2 hours on a school day and increasing to half the day on a non school day.

The order was written as a minimum of 2 hours with the parent child does not wake up with. 

So RP is refusing anything more than 2 hours on child's birthday that falls on Sunday during Easter school holidays. 

Out of term time it was agreed child would always be collected. During term time it was agreed NRP will do collection on Friday from school and drop off on Monday to school. 

NRP is refusing to collect the child. 

Christmas day is now to be shared and not alternated with handover at 2pm. 

NRP is refusing to collect the child Christmas day and stating that they will not discuss Christmas contact unless NRP agrees to drop the child on Christmas day this year and collect the child next year. 

It was also agreed that school holidays would be dictated by the scheduled weekend or for Christmas holidays it would be dictated by whomever the child is with Christmas day morning. This wasn't written up except for half term. 

RP is trying to switch and change weekends after school holidays, and still attempting to do the same for after Christmas holidays. 

NRP has booked activities ahead of time for the scheduled weekends but RP has threatened that if NRP continues they will lose their money long term. 

What can NRP do? 

Already written into the court/judge for a consideration for an amendment of the order under the slip rule and this was sent within a week of receiving the order but due to the court backlog, it hasn't been presented in front of a judge. 

What more can NRP do? Any advise?

Quote
Topic starter Posted : 13/09/2023 10:00 am
(@bill337)
Illustrious Member

Hi,

I don't think more can be done. If court refuse to amend order, perhaps you can give it time and return to  vary order in future.

ReplyQuote
Posted : 13/09/2023 10:44 am

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(@2ndclasscitizen2)
Active Member Registered

I'm sorry to hear you're having so much trouble with our delightful, and perfectly fair and honest family court.... I've had very similar experiences where the verbal "order" at court has been completely different to the written "order". It should not be able to happen.

Does the order state anything about changes that are agreed by both parties? (even if it doesn't there's nothing preventing agreed changes between the parties). Considering you and the RP know perfectly well what's happened and it's not fair, if you were to get a transcript of the final hearing, do you think the RP would agree to co-parent based on the transcript rather than the order?

ReplyQuote
Posted : 17/09/2023 1:36 pm
erocihihape
(@erocihihape)
Active Member Registered

Posted by: @ldad

Hi, 

Wondering if anyone could help. 

We had final hearing 9th June. No draft order shown to parties. Both parties self represented. 

The order was not written as agreed by both parties. I.e child birthday- it was agreed the child would spend half of the available time, so minimum of 2 hours on a school day and increasing to half the day on a non school day.

The order was written as a minimum of 2 hours with the parent child does not wake up with. 

So RP is refusing anything more than 2 hours on child's birthday that falls on Sunday during Easter school holidays. 

Out of term time it was agreed child would always be collected. During term time it was agreed NRP will do collection on Friday from school and drop off on Monday to school. 

NRP is refusing to collect the child. 

Christmas day is now to be shared and not alternated with handover at 2pm. 

NRP is refusing to collect the child Christmas day and stating that they will not discuss Christmas contact unless NRP agrees to drop the child on Christmas day this year and collect the child next year. 

It was also agreed that school holidays would be dictated by the scheduled weekend or for Christmas holidays it would be dictated by whomever the child is with Christmas day morning. This wasn't written up except for half term. https://essays.edubirdie.com/do-my-assignment helps do my assignment for law course. RP is trying to switch and change weekends after school holidays, and still attempting to do the same for after Christmas holidays. 

NRP has booked activities ahead of time for the scheduled weekends but RP has threatened that if NRP continues they will lose their money long term. 

What can NRP do? 

Already written into the court/judge for a consideration for an amendment of the order under the slip rule and this was sent within a week of receiving the order but due to the court backlog, it hasn't been presented in front of a judge. 

What more can NRP do? Any advise?

I've had similar experiences in the past, and I know it's frustrating. I suggest filing a motion to correct the court order. This is the most formal option, and it will require you to go back to court. However, it is the most likely way to get the order corrected quickly. Also, you can send a letter to the judge (explain the situation and ask the judge to amend the order... be sure to attach a copy of the original agreement between the two of you). And of course, try mediating with your ex-partner. Yep, it is a less formal way to resolve disputes, but it can be a good option if you are able to work with your ex-partner to reach an agreement.

However, based on my experience, I recommend that you should also keep track of any violations of the order by your ex-partner. This information can be used to support a motion to correct the order or to enforce the order in the future.

I tried to be polite and professional in all of my communications with my ex-partner and the court. So be polite and keep copies of all of your correspondence and other documentation related to the case. If you are unable to resolve the dispute on your own, consider consulting with an attorney, but I encourage you to this thing not so much because, for example in my case, it was hard to find a professional.

I hope this helps.

Cheers,
Ella

P.S. Be organized and prepared when you go to court 'cause this will show the judge that you are serious about your case. Don't forget - it is important to be willing to compromise. It is unlikely that you will get everything you want..., but you should be able to reach an agreement that is fair to both you and your child.

And yes, be patient since the court system can be sloow.

I know this can be a difficult time, but you are not alone.

 

ReplyQuote
Posted : 27/09/2023 2:29 pm

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