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How long to write court order after final hearing?
#1
Hi.

Had a final hearing on Friday, outcome is that we have been told to share 50/50 all time off from
School. After the hearing we have been in court for about 2 hours in that time no court order
Has been written down as my ex could’t agree thinks that were no specyfied by court. Now she
Told me that it would be done her way as she does have living with order so she is telling me what
To do. Her barrister is pulling her was while mine seems to be useless, solicitor not better. How long do they have to write
It all down? Where do I stand with my rights now? I have kids twice a week in the afternoon and
Every other weekend. Where can I go with this so it can move one way or the other as I wanna
Get my mum over for Easter and don’t know when as my ex always had time.
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#2
This seems to be happening a lot - orders being made in court and left to be written up afterwards by Barristers and then delays as the other side tries to avoid it or change it. So did the court decide that it would be in an order that you have x time in term time and half the school holidays (ie 50/50 during time off from school sounds like half the school holidays)? If so your Barrister should write up the order - your solicitor send it to the other side for their approval - if they don't approve it or delay, your solicitor should give them a deadline of a week - eg 11am by next Wednesday to approve it or say the order will be forwarded to the court for sealing explaining that they have delayed matters and failed to approve it.
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#3
What Charlie said - set them a deadline to meet and if they fail to do this, notify the court and send them the order for sealing.
My final hearing was on 23 January however, there is still no sealed court order as the otherside are playing nasty games, this is also allowing the ex to raise more silly allegations. Fortunately, I am still getting the contact that was agreed but that is not the point here, get it sealed and then it becomes binding for both parties.
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#4
Guys,

Court ordered that I have kids as until now plus I get 50/50 of half terms, easter, Christmas and
Summer holidays. Her barrister is writing it down even that I was the applicant, she is delaying it
As she told me that because she is living with parent that she would tell me when and how. It is pissing me off as I wanna plan for easter and I’m unable to do so. Is there anything I can do myself as I had enough of useless barrister and solicitor.

Guys,

Court ordered that I have kids as until now plus I get 50/50 of half terms, easter, Christmas and
Summer holidays. Her barrister is writing it down even that I was the applicant, she is delaying it
As she told me that because she is living with parent that she would tell me when and how. It is pissing me off as I wanna plan for easter and I’m unable to do so. Is there anything I can do myself as I had enough of useless barrister and solicitor.
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#5
You are the applicant so your legal representative should really draft the order if they have been directed by the court to do so. I appreciate your legal team do not appear to be cooperating but this is the norm when a case is coming to it's conclusion - no more money left in it for them.

The living with status is irrelevant, there has been a schedule ordered by the court and that needs to be sealed in a court order, this is not an order via consent where both parties have negotiated.

I would suggest persisting with your solicitor by providing them with a draft order for them to review if you are able to do so, ask them to send it onto the otherside specifying a time frame for a response. You'll need to be the proactive one here as the otherside are looking to cause issues and your solicitor appears to have taken a relaxed approach now. Using a solicitor will add a bit more weight to your correspondence with the other side.
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#6
Your ex will be mad that you've got a court order so she'll be coming out with all sorts. By the way the order is binding from the date of the hearing, even before it's been written up and sealed. But it isn't enforceable until it's actually sealed.

I would be very tempted to write it up yourself and send it to your Solicitor and ask them to check over the wording and get it into shape. They are a pain and will only act on your "instructions" - so politely instruct them, that you are the applicant and should be writing up the order for them to approve, that you have attached draft wording as stated in court, and request the write it up in the correct format, email it back to you so you can check it's ok to send to the other side for approval. Along with a letter saying - we submit the draft order for your approval and request confirmation of approval by 10am on Friday so the order may be sent to court for sealing.

So what you could draft would be

"Child (or Children) Live with their Mother

The Child (or Children) spend time with their Father during term-time as follows:

Commencing x date:

Week 1 Wednesday from School finish time through to Thursday 9am drop off at school. Friday from the time school finishes through to Sunday 6pm.
Week 2 Wednesday from School finish time through to Thursday 9am drop off at school.

Father to facilitate all school collections and drop offs when the children are with him.

And half of all the school holidays, with a full week at Easter and Christmas, and Christmas Day on alternate years. Half term holidays to keep to regular week-end schedule with changeover on the Wednesday.

Holiday weeks to commence from the time school finishes on the last day of term and to end on the morning of return to school.

Such further and other times as agreed between the parties in writing."

That's just an example - your term-time dates may be different. I assume what was said at court was just "half the holidays" - or was it going to be defined with specific weeks? If it was just "half the school holidays" then the order may need to just say that. But I've put in about half terms sticking to regular week-ends and a full week at Easter and Christmas - so getting in first with a draft order may be better! They may disagree it but it's worth a try.

The important bit is the wording of the term time schedule as ex's twist and turn and create loop-holes. For example my order says Monday from school finish time until Tuesday school drop off time. My ex claims that school drop off time is 10 minutes before school starts and therefore that is her time - so she goes along to school to take things off him etc!

Although your ex says she will "tell you when and how" because she is the lives with parent - it is supposed to be agreed between you in writing. To be honest if she is going to be like that, then try and ask for the half you don't want and then you might get the half you do want lol. By the way do you have that in writing? What she said? Try and keep all communication to text and email from now on. Keep every single text and email she sends, print it out and file it. And make sure any texts and emails you send are very brief, polite and just about dates/arrangements etc (as if someone at court was going to read them and Judge you). It shows you are the polite reasonable one.

Because at some point you may need to apply to have the order defined in detail, if she messes about over holiday dates too much - and her attitude will show in her texts and emails. So keep building evidence!
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