Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Arrangement order
#1
I have arranged a court order. I have a new job and can't keep to prearranged dates. Can I be taken to court for breach of the order?
Reply
#2
The court can't force you to see your children. Not yet anyway, but a well known solicitor thinks that should be the case.
But if you simply want to make a different arrangement, you could agree with each other in writing. If that fails you will need to go back to court to vary the order because of change in circumstances.
Reply
#3
It would be a breach if you just failed to take them when you're supposed to. If, however, you email your ex and explain your job has changed and you need to change the arrangements, you can see if you can agree it between you. If it's agreed between you in writing it's not a breach. If she refuses to change anything, then you can show you tried to change the arrangements, and it was a reasonable breach (they tend to look at whether a breach was done without good reason), but you would be expected to apply to vary the order if she won't agree to change things and before that you'd need to go to mediation. If she refuses to go to mediation you get signed off at the MIAM and apply to court on a C100 form explaining the situation. The court fee is £215 and you could probably represent yourself as it's for varying times and not major stuff.

Just repeated what Dad Dolent said a bit there. To be honest there is supposed to be flexibility between the parties, even with a court order, so your ex should be reasonable about your change of circumstances - there really shouldn't be any need to go to court over it costing both of you money and time and hassle. How amicable is she with you?

Also what is your current schedule and what would you want to change it too?
Reply
#4
(03-11-2018, 01:05 AM)Charlie7000 Wrote: It would be a breach if you just failed to take them when you're supposed to.  If, however, you email your ex and explain your job has changed and you need to change the arrangements, you can see if you can agree it between you.  If it's agreed between you in writing it's not a breach.  If she refuses to change anything, then you can show you tried to change the arrangements, and it was a reasonable breach (they tend to look at whether a breach was done without good reason), but you would be expected to apply to vary the order if she won't agree to change things and before that you'd need to go to mediation.  If she refuses to go to mediation you get signed off at the MIAM and apply to court on a C100 form explaining the situation.  The court fee is £215 and you could probably represent yourself as it's for varying times and not major stuff.

Just repeated what Dad Dolent said a bit there.  To be honest there is supposed to be flexibility between the parties, even with a court order, so your ex should be reasonable about your change of circumstances - there really shouldn't be any need to go to court over it costing both of you money and time and hassle.  How amicable is she with you?

Also what is your current schedule and what would you want to change it too?

I am meant to have them over Easter, summer, Oct and xmas school holidays. I'm now working 2 months on and off rota. I had them 10 days in February and although she has been requesting dates since last year, I have yet to agree them with her. She does have a copy of my new rota and has stated May school holiday and a week in October. Can she apply to court if I don't respond. I'm not sure of plans as yet as I am thinking of trying to get some time off during the summer.
Reply
#5
You could apply to vary the order based on your new work schedule.
Reply
#6
Just to add it you simply don't respond to your ex and not turn up for children as agreed, it will not be looked at favourably in the court.

You need to show you have tried your best to come to an alternative workable agreement.
Reply
#7
I would keep up the communication for now. Is she reasonable to deal with? If you can do May and October half terms instead of Easter,but still trying to get some time in Summer then just say that. eg Say yes that would be much easier to have May and October half terms instead of Easter and you are still looking at trying to get time in the Summer so can you get back to her on Summer dates please.

So is your order for school holiday times only and no term-time stays?
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  How to enforce the arrangement agreement/order Richardsolo 7 2,188 06-12-2021, 05:58 PM
Last Post: Richardsolo
  Considering amendment to Child Arrangement Order nikontog 10 4,906 01-03-2021, 03:47 PM
Last Post: warwickshire1
  Child arrangement order constantly broken Sadman2016 9 8,278 08-28-2019, 08:20 PM
Last Post: Sadman2016
  Child Arrangement Order Advice, please Noel-1972 6 7,051 11-18-2018, 09:16 AM
Last Post: warwickshire1
  Child Arrangement Order Advice Stew2508 0 1,862 08-26-2018, 08:38 AM
Last Post: Stew2508
  Seeking advice for making an arrangement order pm180107 5 6,227 06-16-2018, 12:26 AM
Last Post: pm180107
  Amendment to child arrangement order Dadhl 0 1,868 06-04-2018, 06:56 PM
Last Post: Dadhl
  changing a child arrangement order regarding travel pinky 1 3,241 02-19-2018, 12:06 AM
Last Post: MarkR
  Arrangement Order and Leave to Remove Clash Patrick_E 1 2,783 02-18-2018, 01:19 PM
Last Post: Charlie7000
  Child arrangement order breach jamez2018 19 21,422 01-14-2018, 08:38 PM
Last Post: jamez2018



Users browsing this thread: 1 Guest(s)