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order discrepancy
#1
So as some of you know I had my final hearing back in Jan ( bit of stroke luck just before the lockdown !) and since then I and children having great time together. It started with contact build up leading to overnights which again going spectacularly well. 

But there was one problem which I didn't think would be a serious issue at the time, as I thought it would be relatively easy to fix...

Court on the day ordered children to stay with dad a) every Wednesday nights and b) saturday overnights. So far all good and I have the transcription of the judgement fully supporting the arrangement. BUT at the time of typing the order out, Judge somehow mistakenly inserted 'alternate' word before Saturday overnights line item. I thought this is such a simple typo I could get it fixed with the help of transcription...

As it happens in this uncertain world and dads have to fight not just the system and narcissistic mothers, also have to fight the blooming human errors and now covid !..Lockdown happened, judge moved to another court, and the mother although I gave her a copy of the transcription to show the typo error, very conveniently sided with the buggered order and said I could only have children alternate Saturdays instead of every Saturday ( I wasn't too shocked to be honest, if she is reading this she will have karma following her !)

I have reached out to the court and the judge but I haven't been getting much response. So question is what are my options in getting the order fixed. At the moment although I have my wednesday overnight are intact, Saturday overnights are every other weekend, so children don't see their dad for a whole week. 

Thank you, sorry for the long background
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#2
Hey SeanS. Glad to hear you now have your children at home as it should be!

You should be able to correct the order by invoking the 'slip rule'.

It is a rule under Civil Procedure Rule Part 40 that allows court orders to be amended at any time if there are obvious errors or omissions.

It states:

Correction of errors in judgments and orders

4.1  Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected.

4.2  The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:

(1) where the applicant so requests,

(2) with the consent of the parties, or

(3) where the court does not consider that a hearing would be appropriate.

4.3  The judge may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.

4.4  If the application is opposed it should, if practicable, be listed for hearing before the judge who gave the judgment or made the order.

4.5  The court has an inherent power to vary its own orders to make the meaning and intention of the court clear.


Since you have the transcript and the substance of the correct order that should have been made is clearly evident within it, then this should be an easy correction.

Send an email to the court, include the transcript highlighting the passage(s) which shows the error on the subsequent court order, and request that it is corrected and a new corrected and sealed order is sent to you and to the other party. State that there is no need for a hearing given the attached transcript and that it is a simple and plain error.

https://www.justice.gov.uk/courts/proced...pd_part40b
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#3
Its very obvious to me courts have made a big mistake. you only get every sat overnight if ex wont let you have every other weekend.
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#4
Thanks JamW - yes I did send off the email stating the order could be corrected under 'slip rule', with transcription and un updated order. I even got the transcription and original court order reviewed with CAFCASS officer who handled my case and she kindly reviewed and confirmed the discrepancy which I attached to my email to the court too. And also copied in the mother in the email just so I don't leave any gaps behind. For some reason Judge hasn't looked at it, court staff can't tell why except Judge is now moved to another court.

if judge won't get to it because he is not in this court, can I ask for a hearing with a local judge ? Thank you.
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#5
Although it would probably be better/easier if it was the same judge, I don't see it has to be the same judge in these circumstances. Even then the judge would be relying on the evidence of the transcript unless he remembers the specific case and its details (unlikely given the number of cases they deal with).

So just keep pressing for a response and action from the court. They should forward your application and the evidence to another judge to make the correction if the original judge is not available. All they need is for the judge to 'ok' the corrected draft. Then they seal it and send to the parties.

You do not need a hearing according to CPR 40 unless your ex opposes it. Your transcript is solid evidence and the Cafcass officer's confirmation seals it unequivocally.
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#6
Thanks JamW - I will continue chasing up Court and explore the option of court finding another judge to correct the typo.
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#7
vary the order whilst you are there to every other weekend if you can do it whilst highlighting ex was aware what order was ,but chose to be malicious and take advantage of situation denying contact with their father
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#8
Anytime.

It is the court's duty to correct such an important and clear error.
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#9
Ring or email the court. Sometimes you get someone helpful if you ring and say - this is affecting child. Other time’s you get better results by emailing as it’s in writing. I would head an email Fairly Urgent and the case number. Just say you have not yet had your order amended after an error which you wrote to them about on x date enclosing the hearing transcription which confirmed the error and the matter is now pressing. Please could they confirm when the order will be amended and sent out to both parties. I understand that Judge Y is no longer with the court so please could this be passed to another Judge.

It can be slow - took about 6 weeks for an agreed amendment on my order. They often say Judge is away or something and they do tend to want the original Judge to deal with it but if they reply saying no one else can deal with it then you could just apply for a specific issues order to amend it. Or a further directions hearing,
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#10
Thanks Charlie...I have emailed and called, the court staff are being extremely helpful just that not getting traction from the judge !

If I don't get response from the judge, and I'm forced to apply for the variation, I should be able to fix any of the gaps in the current arrangments shouldn't i ? And also is C100 the form for variation again or some other application.

Thanks

Sorry I thought I wasn't clear about the 'gaps'...This I mean obviously the correction of typo PLUS holiday related matters that was not addressed at the final hearing last time.
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