I am currently in the middle of a case to vary a Consent Order. We are now just before the FDR hearing but I am really unhappy with how the judge has been and how he seems to have been taking my ex''s side despite the weight of evidence against him. Since I started the case to vary, can I close the case and then start it over again and hope I get a more sympathetic judge?
I''m puzzled by your reference to varying a Consent Order. Consent orders can''t normally be varied for the glaringly obvious reason that you must have agreed to it, or it wouldn''t be a consent order.
One exception where the order was to do with maintenance. A maintenance order, even if made by consent, can always be varied.
However,the course of action you propose is fraught with risk and in any event the judge who presides at your final hearing will not be the one who officiated at the FDR, so it''s not necessary anyway if the object is to get a difference judge.
Withdrawing your case and re-instating it would be, at the very least, highly prejudicial and probably fatal.