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Hi,
My on-going nightmare may well be drawing to a close! Have a contested hearing due early October and was busy sorting out a statement etc, and all of a sudden I get a telephone call from my ex telling me that she is willing to accept additional contact with my son due to her having reflected on things!! She is now writing it down on an email at my request. My question is....what do I now tell the court? If I agree to the contact then I no longer need the contested hearing, but obviously I still want something from the court with the new contact arrangements so that she is less likely to do the same thing again in future. Do I just phone the court and request that the contested hearing is cancelled and a consent order is raised? How does it work?
Cheers
Tel
I wouldn't cancel the hearing, just telephone the court and explain that there is a contested hearing due, what has happened, and tell them that although its a step in the right direction you still need to have her agreement written into a contact order as you are concerned without a legally binding document she will wait for the case to be closed and go back on her word. They should advise you on the best course of action.
I would think the date of the hearing could stand and all that would happen is that you would tell the judge that she has had a change of heart and you are both in agreement and happy for a contact order to be put in place. If she expects you just to cancel the hearing I would be very suspicious of this....get the email from her first because when she realises you still want to go to court she might change her mind and then at least you will have proof of her agreeing to more contact.
Hi, Nannyjane. With regards getting the agreement written into a contact order do I draft the wording for the order?
First thing in the morning. With regards the contact order, although it is the amount of hours I was looking to achieve the days suit my work pattern at the moment but if that changes what happens then? Ironic to think I would be the one accused of not abiding by the order in future!! I would always maintain the amount of contact but may come a time when may need to chop and change the days, what's the process for this if my ex doesn't agree later on?
Bring it up with her now and in court with the judge ...Explain about your work pattern and the possibility of it changing in the future and affecting contact....ask for some flexibility to be taken into account. If she is playing ball I don't see why she wouldn't agree to keep this in mind and be flexible if it happens and agreeing to it in court.
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