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Changing the order you applied for

  • ffc1991
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17 Jul 12 #343675 by ffc1991
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Is it possible to change the order that you originally applied for?

I originally only applied for a contact order as I was living 200 mils away. But by the time court comes round I would have moved to within 30 miles of my daughter. So I''m now going to be asking for shared residence.

Thanks in advance

  • Hamilton1
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17 Jul 12 #343722 by Hamilton1
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HI there ffc1991,

If there is a change in circumstance then of course you can! Have you considered mediation as an initial step though - it will be far cheaper and quicker if an agreement can be reached out of Court?

H

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17 Jul 12 #343723 by Emma8485
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The court dealing with my partners case accepted a letter as a variation to the original contact order application - he simply outlined his reasons, mainly related to concerns about his daughters health, care etc all supported by evidence, and the court immediately accepted this and set new timescales and directions

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17 Jul 12 #343731 by ffc1991
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Hamilton1 wrote:

HI there ffc1991,

If there is a change in circumstance then of course you can! Have you considered mediation as an initial step though - it will be far cheaper and quicker if an agreement can be reached out of Court?

H


Hi there Hamilton

Already in mediation regarding the contact order. Not really going all that well.

@Emma Do I rally have to write to them before the first hearing then? as it will be the very first hearing. I kinda spoke to a guy of FnF who said I could just say it at the first hearing, but wanted to double check as I didn''t feel this would be right and could make me come across as being sly or summit.

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17 Jul 12 #343732 by Emma8485
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Well... my partner just handed the letter in at his hearing he didnt post it in - he gave his reasons in the letter but I think the judge also asked a couple of questions, and then said as it was his application, and a c100 covers a variety of things, it was accepted there and then

It doesnt make you seem sly, things change as proceedings progress. Until my partner had made his application and then spoke to the school who raised huge concerns he didnt know there were care issues because his contact had been stopped.

I dont think anyone can penalise you for now wanting to amend based on the fact that you are moving to be near your child. Which btw i commend you for

Emma

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17 Jul 12 #343757 by ffc1991
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@Emma

Thanks for that I''ll just do that then, as i think when I make it clear I''m now fighting for shared residence it may make things a bit more contested? However I''m moving home, switching Universities etc and done all this now so I''m willing to do w.e it takes and I genuinely believe shared residency will be more than suitable.

I''m told that her Sol is most likely going to talk to me before the hearing? Would people suggest I tell her Sol that this is my intention then? or just simply wait till the hearing itself?

Do people feel that I should tell my EX at the next mediation session that infact i''m going to ask for more that I suggested in the last session? I''m going to ask for every weekend which I know is unlikely but i''ll set out a couple more proposals etc.

The problem I have with midweek contact is that I wont know my University timetable until September when the hearing is in AUgust:/.

Thanks

ffc1991

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