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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my ex-partner have a child arrangement order set by a

Resolved Question:

Hi,
Me and my ex-partner have a child arrangement order set by a family court. However it is no longer being followed as-is because me and my ex-partner agreed in writing new terms over a year ago. However recently she has been chopping and changing the agreement to her needs, this is because she believes the warning attached to the initial child arrangement order is no longer applicable because we don't follow it to the letter. It means she changes days or times when I'm supposed to have my daughter stay with me, often with very little notice.
Therefore I would like to notify the court of the new agreement terms and ask them to update the initial order to reflect the new changes. This way she will likely respect the agreed times and days
How do I go about doing this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm how old your daughter is, what the previous arrangements were (and why they have not been followed) and what the new arrangements are? Has your ex-partner agreed to the new arrangements?

Customer: replied 1 year ago.
Hi HarrisMy daughter is 3 years old, 4 in December.
The order stipulated that I have contact every Saturday during the day.
The order also stipulated that we should review the agreement to include overnight stay.We reviewed the situation and agreed to commence overnight stay. Overnight stay started over a year ago occuring every Saturday to Sunday.Recently, she told me that several dates will not be available.I asked her why, she responded by saying she does not have to tell me why and that she can change dates when she feels to.Hence I have no idea why she has changed dates and I anticipate that she will continue with is behaviour in the future.Hence the reason I want to update the court of the new arrangements that includes overnight.
Expert:  Harris replied 1 year ago.

Does she agree to your suggested changes to the arrangements or is it going to be contested?

Customer: replied 1 year ago.
Despite us agreeing the changes in writing via email. She may look to contest it. I'm not sure under what grounds. She does not have anyOn the other hand there is a small chance she won't contest it with it being agreed in writing. But I doubt it
Expert:  Harris replied 1 year ago.

Thanks for confirming. In the circumstances you will need to apply to your local family court using form C100 and a £215 court fee to vary the child arrangement order. Given the possible contest by her, it will be best to have at least the first oral hearing in order to attempt to reach agreement and have that finalised in a new order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2723
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Harris
Expert:  Clare replied 1 year ago.

Just to add to the above
Before you apply to the court you must attend a Mediation Information and Assessment meeting.
It would be best to try and resolve this using Mediation and a Consent Order to avoid souring the relationship between you as parents

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