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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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does rhe court have statutory authority to make any order it

Customer Question

does rhe court have statutory authority to make any order it see's fit and if so which statute provides this authoirty?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.


I am in a situtation where I am fighting for joint residence of my son.


 


We have come to an agreement with the otherside and are proposing to conclude the matter by way of a consent order.


 


The order has been drafted in two sections, the first section states "it is recorded" and is followed by things like which school my son will attend and what happens on holidays.


 


The second part states "it is ordered by consent" and is followed by the fact the we have joint residency of my son and what his residence arrangements are between myself and my ex-partner.


 


I am just trying to find out if all of the order should be under the second section, I have been told that the reason it is split in this way is because the second section has statutory authority where as those points agreed under the first section are simply contractual.


 


So I am trying to find out if I am right in believeing that the Court has statutory authourity to make any order and that all of the order should ordered by consent and not recorded?

Customer: replied 4 years ago.
Relist: Other.
Did not receive an answer
Expert:  Nicola-mod replied 4 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola