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Revoking or overturning an order
#1
Thanks to a suggestion by Jam W and reading something on another thread, I am trying to find out about having the recitals made recently - overturned or revoked. Considering it anyway. On the grounds that they are being abused and as such undermining the child arrangements order which is for my son’s best interests.

Any info on how to go about this would be appreciated. I need to be strategic with an ex like mine. A further straight application plays into her hands each time.
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#2
Hi, are recitals legally binding?
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#3
Well they can be breached but difficult to enforce. They don't take priority over the main order, but it does cause some contradiction.
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#4
Charlie I am not aware of any mechanism for making such a variation or revocation of a recital within a sealed order without requiring a new application.

The only thing I am aware of is the 'slip rule' but that is for very specific situations where an error was made to the wording of an order and it can still be amended post seal.

It would plainly require a hearing and and as such a new application in order for a judge to be able to make any change to a sealed order. Even the original judge does not have jurisdiction to simply make changes once it has been sealed with the exception of the slip rule.

So unfortunately, in my view, this can only be achieved via a specific issue or a variation application but also an enforcement application, which is what I had in mind when I suggested that once in court you could seek to edit/remove that recital.
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#5
Thank you. Taking some advice on it. The possibility of a C2 was mentioned but don’t quite understand how that would work right now.
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#6
C2 is for for requesting new directions or orders within existing proceedings. It is also used for applying to leave or join existing proceedings. the other thing I know C2 is used for is if a party needs court permission to apply for a CAO such as when a ban from further applications has been issued under Section 91(14) of the Children Act.

I have used a C2 to apply for an adjournment.

But as I understand it there have to be 'live' proceedings for C2 to be used. In your case there has been a sealed order.

Of course I am not a trained professional so I may be mistaken, see what your lawyer says.

Just to add something from personal experience. Once parties are in court and in front of a judge, regardless of what application was originally issued (enforcement, C2 etc), there is always the possibility and the 'risk' that the court may allow an informal application/request by either party (ie without the relevant form having been filed/issued). So your ex, can make a request/application 'informally, without the relevant form, in court, within her position statement and the court may allow it. As I said this is from personal experience but there are also examples of this in case law.
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