Thanks Dukey, can I just ask for you to confirm that I can submit a D11 and apply for Directions in relation to a contact order (not financially related) as most of the references to D11 applications seem to be Consent Order related. Thanks mate.
Can someone tell me if I make a D11 application can this be superseded by an application by the Respondant to vary down the contact I already have with a C2 application. I am panicking a bit cos if I do this she will see it as an attack and come out fighting and to be honest I lost out big time last time. If only she would communicate with me or compromise. I have begged and pleaded for a response but just get blanked then I get TOLD what she is doing and implementing and me and the kids dont get a choice. I need to make a stand but I''m worried I am going to lose out even more and my already limited time will be reduced. Tell me what to do purlease!!!!!!
What kind of issues are causing the grey areas? We had urgent Directions on a contact order over the summer for my partners daughter as mum played a silly game over a wedding and holiday and it was a simple 30 minute hearing in her solicitors absence cos they only got 4 hrs notice, and the judge gave specific timings and dates on the issue that was causing the problem.
Thats what I want Emma, I have a family wedding next year and it doesn''t fall on my day so I have asked the ex if I can have them 11 till 7 on that day, told her who was getting married, where, when, and no reply just completely ignored. I know she wont reply so whats the point in asking again and again. I just get done for harassment then. I also need clarification on certain dates I have been given but because it isnt time specific ex now wants kids handed back at the end of one contact session only for me to pick them up the next morning where as previously I have been able to keep them the overnight as that was the way it was meant to be and the intention of the court order to give me two extra days. It affects a regular event we got to bigtime and we normally get a three day pass but because of this they would lose two days, hardly any point going for one day. The order says we can agree extra time, I dont get a single second more than I should and if I happen to be 7 minutes late dropping the kids off she is then 7 minutes late letting them come out to me at next pick up. It is all so very petty, but there is zero communication. She will argue over 15 minutes, I usually give in for a quiet life but bit by bit she is eating away at the time my kids spend with me and I need to make a stand otherwise in the end the kids will never see me.
I agree if you arent getting anywhere then it has to be dealt with - when was your order issued? Is it fairly new or has it been in place for some time? I think giving her notice now for next year is more than plenty.
If you do end up back in court for this then its a case of stressing that time with extended family is important, it helps children to feel part of their family, but also to know where they fit in that family, and its of benefit to them to be present for these kind of occasions.
Also you are able to point out that you have tried to agree additional time, tried to do this outside of court but that you are back there because you have no choice.
Having now helped write 15 position statements and a couple of applications within my partners case, I got used to how things should be worded!
If its any consolation ours was a very quick hearing, no query from the judge aside from the travel arrangements which my partner told him, walked out with another order. He gave the impression he was hacked off with her refusal to budge and the wording he gave with the new order reflected his mood I think!