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Amicably changed court order, ex has changed back
#1
Hi,

So when me and my ex first split up we had a court order that I had supervised visits with my mother and I had my son every other weekend Saturday morning-Sunday afternoon as she made accusations against me which have now been proven to be untrue.

However since then we have amicably agreed I have him every other weekend friday-sunday and also on a tuesday evening. I've been able to take him on holiday and I have also had him a lot of extra weekends (last year over 30 weekends in the year). However she wanted to change our Tuesdays to Thursday which I couldn't do so when I dropped him home on Sunday she handed me a letter saying that because I wouldnt work with her for 'his best interests' we are going back to the original court order.

I know she will eventually need me to help her again and have him but can she do this? As then whenever we disagree this will happen even though for nearly 2 years I've been having him this extra time and was looking to book a holiday this year. I am looking to go back to court to get a new court order but this is a long process and I dont want to not see him apart from a couple of days a month until then. Surely if we have changed it amicably and I have the prrof of her letting me have him more and alone she has to stick to this?

Thanks in advance!
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#2
(01-22-2018, 11:55 AM)OC92 Wrote: Hi,

So when me and my ex first split up we had a court order that I had supervised visits with my mother and I had my son every other weekend Saturday morning-Sunday afternoon as she made accusations against me which have now been proven to be untrue.

However since then we have amicably agreed I have him every other weekend friday-sunday and also on a tuesday evening. I've been able to take him on holiday and I have also had him a lot of extra weekends (last year over 30 weekends in the year). However she wanted to change our Tuesdays to Thursday which I couldn't do so when I dropped him home on Sunday she handed me a letter saying that because I wouldnt work with her for 'his best interests' we are going back to the original court order.

I know she will eventually need me to help her again and have him but can she do this? As then whenever we disagree this will happen even though for nearly 2 years I've been having him this extra time and was looking to book a holiday this year. I am looking to go back to court to get a new court order but this is a long process and I dont want to not see him apart from a couple of days a month until then. Surely if we have changed it amicably and I have the prrof of her letting me have him more and alone she has to stick to this?

Thanks in advance!

You need to apply to vary the Order, stating she agreed to a variation, and has now gone back on it, without any good reason.

It will now come down to her having to show good reason to change it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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