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[Solved] Varying An Order


Posts: 28
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Topic starter
(@tim77d)
Eminent Member
Joined: 14 years ago

Hi,

I already have a contact order in place, via the courts last year. The mother now wants to amend the order slightly by changing the week-night contact from a Tuesday to a Wednesday, which I've agreed to do. However, because I don't trust her, I've insisted that she apply to the court to vary the order. She's done this and the initial direction hearing is on 22nd November.

I'd also like to vary the order, in that I want holidays to be stipulated. The court order states that I need to give 4 weeks notice for holiday, however, the reason I want holidays stipulated is that she has complete control over them. I can't book a holiday until I've spoken to her, and being the person she is, she umms and ahhhs over it for days, finally agreeing to the dates as long as I do xyz in return. She's also refused holiday and then later relented. So to save all of this hassle, I'd like the court to stipulate something along the lines of 1st week of Easter holidays, first 3 weeks of summer holidays, alternate Christmas etc.

Is this something I can tag onto the current proceedings? If so, how do I do that and is there a fee?

Thanks in advance for your help!

5 Replies
5 Replies
Registered
(@Darren)
Joined: 14 years ago

Noble Member
Posts: 1072

Hi there,

This is exactly what I am in the process of doing. I can't see that the court would expect that a fresh variations order be applied for for each change you would like to attend too.

I plan to raise a few concerns when I go.

Darren

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(@tim77d)
Joined: 14 years ago

Eminent Member
Posts: 28

Thanks Darren.

Does anyone know for definite?

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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi there

...You could try phoning the court help desk and asking them what you would need to do in order to get this included and wether there is a fee for this.

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(@tim77d)
Joined: 14 years ago

Eminent Member
Posts: 28

Thanks for the reply, but I've always received good advice on here from some of the experts so was hoping actd or yoji might share their knowledge?

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Hi Tim

Not seen yoji on here for ages unfortunately - not sure where he's disappeared to. I'm pretty sure you can add it onto the existing application, but would be worth checking with the CCLC, and is you ex aware that you want to add this on?

My own variation on a contact order was about 4 years ago now, but when I went into the conciliation hearing (don't think they have that now) I changed what I had asked for on paper as I was allowed to explain the reasoning behind my request direct to the court, so there was the opportunity at the time for my ex to comment if she'd wished to. Ultimately, the court is more likely to grant the new order if both parties are in agreement, as long as it's reasonable, as this is always going to be in the best interests of the children involved.

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