My other half has been in court this morning to have his court order varied, however, it would seem both he and the Ex both submitted a draft court order. It was raised as a question by the judge this morning if a court order had in fact been signed by the courts, he had 20 mins to read their file before both entered the room and that was his first question, having since called the courts they’ve suggested it should have been in the file, yet the Judge (although he may have missed it) suggested he felt there may have not been one signed officially.
So the question is... if no order was ever signed by the courts, then surely there is nothing to vary?? Can I also ask, if one was signed and now missing, what happens then? Because it seems both parties fail to hold a copy themselves?
did either of them have solicitors when the order was made? if so, the solicitor may have kept a copy.
The normal proess is that an order signed by both parties would be sent to the court - usually three copies are sent, one is kept by the court and one is sent , with the court''s seal on it, to each party.
If the court received two slightly different drafts then it sems unlikely that either draft was signed / agreed by both parties, and I would have expected the court to have queried it at the time.
If there is no order on the court''s file and neither party has a sealed copy that does suggest that the order was not made in the first place. This could be rectified, if both parties can agree on what the order actually said.
I think the first thing to do would be to write to the court to request a copy of the order. This will mean someone in the office will check the file and (depedening on how long ago the order was made) may also have it on the computer system) If you get a copy you will then know wheich version was made.
if no order can be found then the court can be asked to make an order in the new tterms now being sought. Evidence of what was previously agreed. Was the original order a Consent Order, or was it made by the Judge after a hearing? If it was the later, then then I would expect the Judge to draw up an order based on the notes on the file of the decision which was made.