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Slip Rule - Letter to Court help!
#1
Hi all,

So in a nutshell - I took my ex wife to court for our 7yr old son. I was having him every other weekend but she kept changing her mind on my weekends, she had all the control, so needed to make it formal through the courts. Anyway, cut a long story short - the court re-established my weekends. Additionally, they said I'm to have him for 1 week in the summer holidays and any additional time in term times to be mutually agreed with the mother.

Last week I contacted her to sort out Christmas (we agreed to alternate every year). She quickly pointed out in the court order that it states I'm to have my son for 1 week EVERY term time (Summer, Autumn and Winter), which admittedly, I didn't notice after i'd left the court. As nice as this would be, this wasn't what was agreed in the court room, plus I simply don't have enough holiday to take to be able to support this.

Spoke to a solicitor friend of mine who advised I can write to the court and request the order be amended under the "slip rule". Just wondered if anyone has done this before? I need help with writing the letter as I'm not sure the format and content of the letter. Tried googling letter examples, but no joy. Also worth bearing in mind that even if my ex wouldn't have a problem with me changing it, just out of pure spite (as she's a nasty piece of work), she'd do everything in her power to make me pay or jump through hoops to change the order  Sad
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#2
Found this information

Correction of errors in judgments and orders
4.1 Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected8.
4.2 The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:
(1) where the applicant so requests,
(2) with the consent of the parties, or
(3) where the court does not consider that a hearing would be appropriate.
4.3 The judge may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.
4.4 If the application is opposed it should, if practicable, be listed for hearing before the judge who gave the judgment or made the order.
4.5 The court has an inherent power to vary its own orders to make the meaning and intention of the court clear.


From that I take, you can simply write a letter to the court judge who made the order, stating your case clearly and identifying the errors. I guess a bit like a parking ticket dispute, kind of thing.
As it states there, you can ask for this to be dealt with without a hearing. You might be able to save yourself some grief.
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#3
(10-03-2017, 05:23 PM)Drew65 Wrote: Found this information

Correction of errors in judgments and orders
4.1  Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected8.
4.2  The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:
(1) where the applicant so requests,
(2) with the consent of the parties, or
(3) where the court does not consider that a hearing would be appropriate.
4.3  The judge may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.
4.4  If the application is opposed it should, if practicable, be listed for hearing before the judge who gave the judgment or made the order.
4.5  The court has an inherent power to vary its own orders to make the meaning and intention of the court clear.


From that I take, you can simply write a letter to the court judge who made the order, stating your case clearly and identifying the errors. I guess a bit like a parking ticket dispute, kind of thing.
As it states there, you can ask for this to be dealt with without a hearing. You might be able to save yourself some grief.

Thanks Drew, much appreciated, very helpful indeed!
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#4
Hi all and good morning,

I had just experienced the blunder in court myself regards to what was agreed out of court and what was in the final order. Totally nothing to which I had proposed. Me being the resident parent(father) since the separation a yer ago.
Normal contact for non resident parent is every other weekend plus one day during week, 50/50 holidays.
I agreed 2 nights per week. this is so that continuity remains with contact. I dont want to alienate the mother.

The blunder was , It was a contested hearing cafcass officer to provided evidence and be cross examined etc - with no contested hearing taking place.
Cafcass being the piggy in the middle and dictating what they think is best, then presenting what ever version to the courts.
No order being read out by the magistrates in regards to contact arrangements.
No copy of draft order given in the hearing to refer too
No Practice direction 12J- (Mother perpetrator of DV) evidence provided to courts from police logs /common assault etc
No restrictions to over sea travels for mother (Mother had previously attempted to abduct my son on 2 occasions this resulted in a prohibited steps order at the the first hearing)
No mention of the prohibited steps order in the new order?
no parenting programme such as Triple P for mother to attend.
No opening arguements
No nothing in fact - I was in the court room no more that 15 mins.
Not even a copy of the order given to me on leaving the court. Being told it will arrive in the post
No mention of abandonment. Mother left relationship to go back home to live in asia when our son was 10 months old.returned 3 months later to reconcile.

So I had contacted the courts the following day

Got the order via email and found the order to be totally the opposite to what was agreed,
week 1, 4 nights with his mother  starting mid week on Wednesdays?? I avoided this due to my son being settled in routine and school , His is 4half years old
week 2, 3 nights ??
The way the contact arrangement is . I do not even have a full weekend.
Our son can live with mother on these days? she does not have a place of her own , she is in a refuge. 
Copy of passport to be given to Mum..HMMM I dont think so.
Holidays 2 week blocks. I agreed to 3 night blocks due to my son not being out of my care for that length of time/plus mothers inadequate parenting skills. 

I rang the courts to inform them
I emailed the courts with the inaccuracies in the order
I posted out the email recorded delivery.
 all of the above is ok to do, But the problem is will is get forwarded to the right ppl dealing with slip rule etc

The Answer is NO, there is no guarantee they will entertain a letter or email.

As I found out. The new order that made at the final hearing remains the same as I received it in the post this weekend 10 days after the hearing date.

Next step. Barrister/solicitor. Time for me to use some expert advice.
So yes with all the blunders made.
N161 form Appellants notice completed and waiting on a new hearing before the district Judge. Biggest mistake I made was that I did not argue my position orally to the magistrates and stuck to what I thought is right for our sons welfare and safety.
Being intimidated in the court is a familiar thing, the magistrates are not trained in such matters when it comes to the welfare of the children.
Oh did I forget to mention I work within the statutory setting children and family's safeguarding. 20 years plus.

Did it make a difference. well if I was wearing a skirt and grew my hair very long and put a bow in it then I may have come away from court feeling satisfied.

I hope you get it sorted.
I think there is a time limit , 7 days? or just over 2 weeks.

Good luck and wish all the dads the very best.

Ash
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#5
I wrote to the court. They wrote back saying that any requests for change must be on a letter signed and agreed by the both of us. So I wrote a letter out for her to sign (gave her the heads up first). She just took the letter away and said she wanted to read it properly. I don't think she's going to sign it because she's awkward like that.
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