Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Prescriptive Order?
#1
Can anyone tell me what a prescriptive order is please?  Current situation is may need to go back to court for a "prescriptive order".  Is this some kind of standard order?  Same as a defined order?  Or is it some awful thing like a reasonable contact order?  Had a detailed order agreed by consent which has not been agreed after court and Judge has thrown it back to get agreement or go for a prescriptive order.  I'm not sure the consent order will get agreed now and presumably that was my chance for a contested hearing gone.

Would like to know what my options are now.  ie can I just start again and make a new application instead?
Reply
#2
My understanding is that it's the same as defined order, as opposed to reasonable contact.
Reply
#3
Cheers Marwood - it's not a term I've come across before and can't find much information on it. If that is the case, what I am confused about is how the Judge decides what to put in it if there hasn't been a contested hearing?
Reply
#4
That I'm not sure about I'm afraid, although presumably they could relist it as you didn't actually have a final hearing in the end (it was settled by consent)?
Reply
#5
I don't think it's talking about re-listing but about a hearing with the Judge deciding what will be in the order. That could be a good thing when ex has clearly not stuck to what was consented from day one one. Except I'm concerned that the Judge's comments put the onus on both parties to be "reasonable" - which is hardly fair expecting me to give way even more. I get the impression if I don't offer to compromise further the Judge may just tar us with the same brush.
Reply




Users browsing this thread: 1 Guest(s)