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Application cost to vary an existing order
#1
Hi

I am applying to vary an existing order, I've filled out the C100, got my MIAM

does anyone know how much I should pay?

the website says
- for new applications £215
- Application to revoke, amend, extend or take action following the breach of an exisiting Children Act 1989 enforcement order £95

respondent not in breach, so do I pay £215 or £95?

any advice appreciated. Thanks
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#2
"...to revoke, amend, extend or take action.." refers to section 7 of Form C79 which is an enforcement application.

You are not applying to enforce so you need to apply using form C100, to vary the order - £215
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#3
(12-21-2019, 11:39 AM)JamW Wrote: "...to revoke, amend, extend or take action.." refers to section 7 of Form C79 which is an enforcement application.

You are not applying to enforce so you need to apply using form C100, to vary the order - £215

While it is £215, its worth checking with the court office if you can get any reduction.
On some beneifts you do not have to pay, and if on a low income, you might get a reduction.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
(12-21-2019, 11:39 AM)JamW Wrote: "...to revoke, amend, extend or take action.." refers to section 7 of Form C79 which is an enforcement application.

You are not applying to enforce so you need to apply using form C100, to vary the order - £215

(12-21-2019, 02:31 PM)MarkR Wrote:
(12-21-2019, 11:39 AM)JamW Wrote: "...to revoke, amend, extend or take action.." refers to section 7 of Form C79 which is an enforcement application.

You are not applying to enforce so you need to apply using form C100, to vary the order - £215

While it is £215, its worth checking with the court office if you can get any reduction.
On some beneifts you do not have to pay, and if on a low income, you might get a reduction.

Thanks, I've paid £215.
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#5
Can I just jump in here and clarify as I may need to vary my court order next year as I’m not happy with Xmas day arrangements (current order means she gets every Xmas morning from Xmas eve 4pm unless I have kids with someone else!) if I need to have another MIAM or can I just pay £215 and file another C100 to vary the existing order? Sorry to jump in!
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#6
What time do you get them Christmas day though. least you are getting kids which is good surely. You would be 100 % expected to arrange mediation before even considering varying current order
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#7
There is no clear guidance anywhere that I can find to suggest that MIAM or mediation is not required to vary an order, given that the application is the same, C100.

Courts will always expect couples to at least try to resolve an issue in mediation before making an application to court.

Your application will likely be heard even without MIAM/mediation but your ex may use this against you ( if you have not invited her to mediate) and 'points' scored against you in the whole balancing exercise.

Realistically, it likely won't matter that much either way for your kind of case and this kind of variation, courts do not seek to 'punish' parents, but ultimately, you want to be able to show the court that you tried to resolve things like a responsible and reasonable parent with the other parent.
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#8
(12-23-2019, 10:49 PM)JamW Wrote: There is no clear guidance anywhere that I can find to suggest that MIAM or mediation is not required to vary an order, given that the application is the same, C100.  

Courts will always expect couples to at least try to resolve an issue in mediation before making an application to court.

Your application will likely be heard even without MIAM/mediation but your ex may use this against you  ( if you have not invited her to mediate) and 'points' scored against you in the whole balancing exercise.

Realistically, it likely won't matter that much either way for your kind of case and this kind of variation, courts do not seek to 'punish' parents, but ultimately, you want to be able to show the court that you tried to resolve things like a responsible and reasonable parent with the other parent.

My MIAM was pointless. Pay 99 quid. Have interview with me saying mediation pointless, receive certificate.

I've had a car set on fire, house windows broken x amount of times plus other low life activity at the order of the mother no doubt. Anyone in their right mind wouldn't expect mediation to work in this scenario. 

I'm going back to court thinking they'll continue to do all this to me until I let go of the child. Police dont do anything but log all incidents. "Its been logged sir"
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#9
Thanks guys,basically the wording is 2pm until 2pm Boxing Day but there’s no reason why we can’t alternate this each year so he can spend the morning with me one year and afternoon with mum, I don’t see how a judge wild consider that unfair. Don’t get me wrong I’m grateful for what I get but judge told us after this year son should be involved in discussions as to his wishes so if he wants that I’ll go back to court most likely as mother is a total control freak and speaks for him.

Also last time ex played the game of wanting to mediate then attended and accused me of DV so it never happened and we got signed off so I don’t see the benefit of mediation when she’s done that previously?
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#10
I would be very happy with 2pm xmas day until 2pm boxing day, yes you could argubably ask to extend it until 4/5 pm boxing day if you chose.

I got 4pm xmas day until 4m boxing day this year so similar. also she said if you were to have kids she would consider a change of contact, my ex has another daughter so I just see in the long run it makes sense all the children wake up together and I see them later on in day although 4pm is a bit later than ideal at least they stay overnight and I have boxing day as well
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