Variation to existing order advice pls
Hi all .
long story short I accepted an undertakings on no admission basis following NMO application by ex . It was all lies and her solicitors immediately asked if I’d accept one so to save stress and upset of court I did. There were claims in the court application that teachers were reporting a change of behaviour following contact.
I have alternate weekends and we have since agreed over email an additional 3 hours of contact and Sunday nights if it’s school holidays : bank holiday Monday. I would really like to have the Sunday night and do the school run Monday morning so I get extra time and do not have to see the ex at handover . This has been refused and she has said his teacher also agrees that 25 min school run not fair .
I’ve spoken to the teacher who said she hasn’t said anything and it’s not her place to have an opinion. She also said that no reports have ever been made about bad behaviour following contact so was very surprised when I told her she’d been quoted in court documents.
I would like to apply to vary existing order to include new agreed contact and I’d like to put in for the Sunday night on my weekends.
How do I do this without going for mediation ?
it says exempt if there’s been domestic abuse , there are accusations but no proof as it’s again lies , although it did mean she got legal aid . I’m not sure how to proceed as I absolutely don’t want mediation and ex will not budge and agree to the Sunday night . Any advice greatly appreciated
Can you tell me when your final order was made for child arrangements?
And your current arrangements are fri-sun every other weekend?
Aso if that NMO is still in place, that makes you exempt from mediation.
March 2021 and yes fri - sun every other weekend , Sunday nights included when it’s a holiday. NMO not in place as I accepted undertakings
side issue is also being dictated to what I do with him on my time , ie not allowed to mix with other children this weekend as been unwell. Not allowed to nap.
@dadofone98 how old is child? I would suggest you don't return to court if your just going to be asking about sunday nights. the most common arrangement is fri-sun every other weekend and half the school holidays. so if you do decide to return to court then I think you should be seeking substantial changes. they look out for change of circumstances, is child expressing wishes to spend more time with dad and being denied that?
25 minute commute to school should be no problem at all. that's very reasonable. if NMO has expired and no other evidence of DV/DA then you can book an appointment for yourself with mediator. theres few low cost ones that only do video appointments.
- No NMO not expired - I accepted an undertakings on a no admission basis . 2 nights alternate weekends might be common but I don’t feel it’s enough
@dadofone98 ok as NMO still in place, can skip mediation.
Maybe you could seek fri-mon alternate and midweek overnights and half of holidays?
But an undertaking is not an NMO ?
No it says at the top - General form of undertaking , that’s what I was sent with all the details to be signed and returned