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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Back to Court to iron out an order, what is the process?

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Back to Court to iron out an order, what is the process?Roughly 7 weeks ago I had a final hearing in a Private Family Law Case. I am the applicant father. I was represented by a Direct Access Barrister at this hearing. The respondent mother was fully represented throughout with a solicitor and barristers at each hearing. I have since been told my ex's solicitor is no longer representing her. I'm not sure if that's relevant but I mention it for completeness.Roughly 3 weeks after the hearing my barrister drafted the order and sent it to me and the other side's barrister. Today (four weeks later) the other side's barrister has gotten back with proposed changes to the order that are completely unacceptable and not even remotely what the Court ordered. The main two changes are that(i) maternal grandmother will do handover whenever mother can't despite it being explicitly agreed in court that the maternal grandmother is the only person who never can be involved in handover and
(ii) Ex can cancel contact if she wants to take our daughter on holiday. This additional clause says she doesn't even have to make any arrangements with me she can just cancel contact for holidays.I've responded to my barrister stating that I cannot agree to these changes and will go back to Court go over them if necessary. Regarding this, what is the process for returning to Court if two sides/their barristers refuse to agree the precise wording of an order? Is there an application form I have to complete?Many thanks.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Do you remember what was said in court about holidays?

Customer: replied 10 months ago.
It was agreed we'd inform each other of holiday plans with full contact details and four weeks notice for trips abroad. There was nothing else about holidays. That clause was in the draft order, this new clause wherein the mother can use holidays to cancel contact was never mentioned.
Expert:  Clare replied 10 months ago.

If you cannot agree the wording then you simply ask the court for a hearing to settle the wording.

Some courts will allow you to do this in an email - others may require that you submit a D11

http://www.justice.gov.uk/downloads/forms/fjr/D11_web_0414.pdf

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you

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