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Can I request a Contested Hearing if not agreeing to a Consent Order
#1
Hi,

Can anybody advise me on the following please.

I applied to vary an existing CAO. It has been to Court a couple of times to try and reach agreement by a Consent Order but I'm having issues with agreeing the wording on what was agreed with ex's solicitor.

Can I request that if we don't reach agreement that I would like to go for a Final/Contested hearing?
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#2
So there was a hearing during which a final order, by consent, was made pending the drafting and approval by the judge?

If the parts that are in dispute are not of utmost importance you’d be strongly urged to try and compromise on both sides.

If however there is a very substantial aspect in dispute then you can write to the judge, via the court, explaining the situation and requesting a brief hearing during which the judge will give directions which may be what you are suggesting, ie a contested hearing.

Was the last hearing scheduled as a final contested hearing? If it was it would mean there were already directions for Cafcass report and also statements and evidence to be filed etc If that was the case then it may be possible to advise that given that the consent order talks have failed, a relisting of a trial is required. It may be possible to achieve a listing via email communication with the judge as long as all evidence, reports and statements are already filed and no further evidence is required or allowed.

I was in a similar-ish kind of situation and was able to communicate with the judge via email to his clerk, through the court.

Just ensure you copy the other side in the communication.
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#3
Hi, the first hearing was a FHDRA and a non-mol/occupation order hearing.
At that hearing no mention of the non-mol/occupation order but focused on agreeing a Consent order.
There has been 2 draft orders sent by other side but I've not agreed with the wording. 2 weeks ago we had another short hearing to help resolve the matter but the Court made a mistake by drawing up an order, without agreement on both sides, using an old draft order and Judges notes written on it, which once again isn't what has been agreed. I wrote to the court about this and they have emailed myself and ex's solicitor saying to seek to reach an agreement by today but ex's solicitor has emailed me saying it's not appropriate to once again go back and forth but wants to sort it at next hearing on the 27th August. My ex's is trying to change my allocated weekends.

The non-mol has never been heard and I've never had the opportunity to contest the false allegations and statements made against me but that case keeps getting tagged on to every court hearing?

My feeling is that her solicitor is doing that so ex can keep claiming fee legal aid, how can I stop that, any ideas?
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#4
The courts always prefer if orders can be made by consent. Hence why in all likelihood the non mol has not been referred to in court. It maybe be that if the parties are unable to agree a consent order that the judge will direct/accept submissions/evidence on that. Or he may not, depending on the nature and seriousness of the allegations, regardless of whether there will be a contested hearing or a consent order.

So given you have a hearing listed already soon well just prepare a position statement explaining your concerns with the drafts of the order and the errors within, along with your concern and position in regard to the non mol. If the court has not raised concern with the allegations I would suggest you simply say you refute all allegations. Don’t give it much attention if any at all.

If you are not able to agree a consent order it will likely go to a final hearing.
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#5
Hi Jamw, is it ok if I pm you?
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#6
Sure thing
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