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Suspended Residence Order Drafting

  • s59
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06 Aug 20 #513581 by s59
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Hi everyone, hope you are all well! I post to ask for help with legal drafting - as part of my court bundle I am providing a draft court order and as I am floating the idea of a suspended residence order as a draconian measure to encourage compliance with what we already have. So I'd like to put that in the draft... but how would this be expressed? I've looked through the CAP templates and can't find any useful wording. I know I'm well out of my depth here, but would it just be something like:

The child(ren) shall live with party x as a final order; this being suspended until xx.xx.2022 when the suspended provision will end, unless and at any time until this date party y is found to have breached any part of this order in which case this residence order shall be activated.


Any good?! I know it won't get used but I do like to try...!

  • hadenoughnow
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08 Aug 20 #513602 by hadenoughnow
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I would be wary of trying to draft an order as a layperson. There are too many potential pitfalls.
If you need help to get an order drafted, you could check with the helpline to see if we are able to help.

Hadenoughnow

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10 Aug 20 #513633 by s59
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Thanks for coming back to me, hadenoughnow. TBH I see the inclusion of a draft order in the bundle as simply saving the judge a bit of effort, but the positive aspect to it is that it forces to you to think what you would like the court to put into the order and exactly how it would work. Thanks again.

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