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Court Order - how long does it last?

  • tinkerbell123
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23 Jul 12 #344790 by tinkerbell123
Topic started by tinkerbell123
We have had an order in place for contact since 2009. The children who live with me are now 12 and 15. They have both asked if they can reduce contact with their father but because there is an order in place I am not sure what the procedure would be.I have said to them I would enquire but it is out of my hands.

How long does the order last?
How do the children go about requesting a change?

  • rubytuesday
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26 Jul 12 #345509 by rubytuesday
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AS far as I know, the Order lasts until the children are 16, or an application to vary is made.

Given the children''s ages, under Section 11(7) of the Children Act (Scotland) 1995 their thoughts, views and wishes will be taken into consideration as children aged 12 and above are considered to be mature enough to do so. Their views and wishes will be give due regard and consideration, but won''t necessarily be the determining factor if any variation is made to the existing order.

The children themselves are entitled to their own legal representation, and it could be that they themselves request a variation in the current order.

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