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Court order differs from what ws agreed at hearing

  • freeagain2011
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17 Aug 12 #350049 by freeagain2011
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Hi, my ex and I attended a court hearing last month over contact with the children. I self repped.

The hearing was listed at 1030 for half a day, but when I got to court it had been relisted and pushed back to 1400. This was the one day in the week I had to pick up the children from school, I knew I either wouldn''t be able to make it or I had to find someone to pick up the children for me. Unfortuneately my family live 150 miles away so this was impossible. I had arranged for the children to attend an after school club but pick up time was still 1700. I asked my stb ex wife if she would agree to an adjournment, you can guess the response. Her lawyer stated that if I was unable to make the hearing they would seek an order in their favour in my absence.

By the time we did eventually get into the hearing it was 1500, I had to leave at 1600 latest. I explained this to the judge, she was unsympathetic and said we should try and sort out as much as we could in the time we had.

As a result alot of decisions were rushed.

Subsequent inspection of the resulting court order which was received a week later revealed some key decisions had been completely omitted, most notably Xmas contact!! It had been agreed that Xmas contact would be alternated and it was my turn this year (2012). No mention of any Xmas contact was in the order. When I pointed this out to my wife she denied we had agreed anything over Xmas and that she would be having the children this Xmas.

Do I have any recourse here? Do i need to make another application?

Thanks

  • For real
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17 Aug 12 #350053 by For real
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Apply to the court to view the court notes and especially the judges notes this should clarify what was agreed.

  • Joe2020
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17 Aug 12 #350154 by Joe2020
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Same happened with me.

Part of my contact was missed out so I phoned the court and they sent me a new and correct order after studying the notes.

If you have to go to court again try and come away with a draft copy of any new order.

They can change mistakes made under the ''Slip Rule''

''The rule which allows the court to correct clerical mistakes and accidental omissions in judgments and orders at any time on application by a party''

  • Chained
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17 Aug 12 #350191 by Chained
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Hi.

I am sorry to hear that you are going through exactly the same as us. Exactly when you think the nightmare is over you realize it hasn''t yet begun.

Partner has contacted his solicitor and has asked her advise on applying for a variation of the order to specify matters that were discussed and decided in court but were not put down on paper.

We also know that solicitor has contacted the court asking for the court documents (this we heard from the secretary).

Since solicitor is so busy she cannot contact partner before Wednesday, we don;t really know how we will proceed but it is evident that we need everything put down in black and white as open suggestions only bring more frustration and arguments (as you experience first hand).

I wish you best of luck. You will need it...

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