Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Going back to court...
#1
I have been given every other weekend (Sat-Mon) and every Wednesday 3:30pm-7:30pm.

I originally went to court to get at least every Wednesday overnight, but they only gave me the above times.

I want to go back to court to get Wednesday's over night as my daughter (4 years) is asking to stay at mine and I think she would benefit more from spending the whole night with me rather than taking her back for 7:30 (its about a 45 minute drive to her mothers).

Court advised me that I need to complete another C100 form, is this correct? Is this a completely new order or a specific order issue?

Also what are the chances of this going through and getting over nights on Wednesday or at least every other Wednesday?
Reply
#2
How long has your current order been in existence?

I'm surprised that they only gave you play and supper time on the Wednesday given the young age of your daughter and the fact it's a 45 min drive back to her mum's place.

I guess it would depend on whether you could show it's workable and have the ability to drop off your daughter to nursery / school on the Thursday morning.
Reply
#3
(02-05-2019, 03:05 PM)Leader1978 Wrote: How long has your current order been in existence?  

I'm surprised that they only gave you play and supper time on the Wednesday given the young age of your daughter and the fact it's a 45 min drive back to her mum's place.

I guess it would depend on whether you could show it's workable and have the ability to drop off your daughter to nursery / school on the Thursday morning.

My current order has been in place since September. I am already currently dropping my daughter off to school on Monday morning on our weekends. I noticed on her school report she has had 9 lates and 0 have come from me and our journey is over an hour with traffic, her mother lives less than a mile from the school!
Reply
#4
45 minutes is about the limit I think - for a journey at that age so you should be ok.

However they will expect you to try and sort it out at mediation. And you can't apply to court until you've at least had a MIAM (first appointment) - that is a legal requirement before applying. And then mediation. If your ex refuses mediation or won't turn up, after you've had your MIAM, then the mediator signs you off and then you apply to court.

As you already have an order, this is something that might be able to be sorted at mediation - especially of it's a good mediator who can persuade your ex you'll get it if you apply to court. Assume your ex isn't in agreement to the change at present.

Take it your daughter is at school in reception year? So she needs a proper schedule that carries on throughout her time at school so now would be good.

If it is only the Wednesday overnight you want to change then try and get it sorted at mediation. If the ex won't play ball and you have to apply to court then maybe get a few other things sorted for the long term at the same time. Do you have half the school holidays? Christmas on alternate years?
Reply
#5
(02-05-2019, 06:25 PM)Charlie7000 Wrote: 45 minutes is about the limit I think - for a journey at that age so you should be ok.

However they will expect you to try and sort it out at mediation.  And you can't apply to court until you've at least had a MIAM (first appointment) - that is a legal requirement before applying.  And then mediation.  If your ex refuses mediation or won't turn up, after you've had your MIAM, then the mediator signs you off and then you apply to court.

As you already have an order, this is something that might be able to be sorted at mediation - especially of it's a good mediator who can persuade your ex you'll get it if you apply to court.  Assume your ex isn't in agreement to the change at present.

Take it your daughter is at school in reception year?  So she needs a proper schedule that carries on throughout her time at school so now would be good.

If it is only the Wednesday overnight you want to change then try and get it sorted at mediation.  If the ex won't play ball and you have to apply to court then maybe get a few other things sorted for the long term at the same time.  Do you have half the school holidays?  Christmas on alternate years?


OK so I will need to apply for mediation first, the courts never advised me of this. I thought as I have already been through the process of my ex not attending mediation, that everything now just has to go straight through to court. 

Yes my daughter is in reception. Are courts likely to give Wednesday's overnight after previously denying? My ex won't play ball because it will effect how much she receives from me through the CSA. I have her half of school holidays and Christmas/ Birthdays alternate years.
Reply
#6
How has this gone?
Reply
#7
Well the mother was happy for me to have her Wednesday's overnight but when I said I wanted it in writing she denied this (stating I am doing this just to get the CSA payments down)

I am now looking to start the court process again.

For me having every Wednesday overnight is in the best interests of my daughter, it will help with doing her homework and getting into a fixed routine.
Reply
#8
You have provided a solid reason for wanting to convert the Wednesday into overnights and even if you still manage to get it in writing from your ex, you still need it defined in an official court order to avoid any doubt or game playing from the ex.

Hopefully your ex will agree once you initiate mediation and if not, then the argument she is putting forward about CMS going down will not be considered by the courts. Child Arrangements and CMS are viewed as mutually exclusive events and the kids really shouldn't be used as a bargaining chip to secure maintenance payments.
Reply
#9
(02-12-2019, 11:23 AM)Leader1978 Wrote: You have provided a solid reason for wanting to convert the Wednesday into overnights and even if you still manage to get it in writing from your ex, you still need it defined in an official court order to avoid any doubt or game playing from the ex.  

Hopefully your ex will agree once you initiate mediation and if not, then the argument she is putting forward about CMS going down will not be considered by the courts.  Child Arrangements and CMS are viewed as mutually exclusive events and the kids really shouldn't be used as a bargaining chip to secure maintenance payments.

Unfortunately I don't see mediation anything other than a formality. She will not budge, I mean she stopped me from seeing my daughter for 3 months so she could just get the full payment from CSA. I doubt she will even attend the mediators as she won't want to pay.
Reply
#10
You have no choice but to initiate mediation as that is the first part of the process when making a court application - your court application won't be considered unless you can evidence that you have tried mediation.

Now, if your ex does not attend or is not agreeable to anything suggested at mediation then you will be provided a letter from the mediator confirming you (or you and your ex) attended mediation but no agreement was reached. You need to include this evidence as part of your court application - its a mandatory requirement.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Gone back to court to Vary the order SeanS 10 4,199 04-19-2021, 07:41 PM
Last Post: Charlie7000
  enough to go back to court? Naive 3 4,432 12-01-2018, 08:44 AM
Last Post: Tamagoto
  How soon is too soon to head back to court? Charlielovesyou 1 2,866 10-03-2018, 11:47 AM
Last Post: Charlie7000
Star Back to court AnomDad 5 7,486 01-31-2018, 10:35 AM
Last Post: MarkR
  Amicably changed court order, ex has changed back OC92 1 3,180 01-22-2018, 12:43 PM
Last Post: MarkR
  Contact issue back to court unhappydadof2 7 8,074 01-21-2018, 09:17 PM
Last Post: unhappydadof2
  Holiday sharing - To go back to court or not? notadeadbeat 2 4,081 12-03-2017, 08:13 PM
Last Post: Charlie7000
  goin back to court to enforce order the good father 0 2,231 05-01-2017, 11:10 AM
Last Post: the good father
  Back at court after 3 years continuous contact Simon123 2 5,472 12-23-2016, 07:55 PM
Last Post: Simon123
  Going Back To Court MikeDixon 1 3,715 12-01-2016, 07:56 PM
Last Post: MarkR



Users browsing this thread: 1 Guest(s)