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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33036
Experience:  Over 25 years experience in law
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2 year old order in place now I want to vary it so that I can

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2 year old order in place now I want to vary it so that I can arrange holidays as that wasn't raised initially and I want to acquire access to passport and finally telephone contact as ex has now cut the latter. My key question is what boxes do I tick on first page c100 as what I am seeking seems tobe a specific issue and a contact one .. do I tick both? And just explain in the form that I wish to apply for all the above
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you actually wish to change any of the timings?
Clare
Customer: replied 1 year ago.
Existing order is alt wknds Fri3pm from school and return Monday 9am... every Thursday stay after each weekend and pick up and drop off at school nest day. This I wish to retain and because in the firest hearing I was streseed and manipulatEd into an oral holiday arrangement and phone contact I I didn't ask for this . Back then he was in nursery but now he's in big school I need to get this passport and holiday and phone contact finalised. He is now 4 and the order was made 2 years ago at my request. Just tat now she is withholding his passport (I already has a successful specific steps order this summer for his passport)But to answer your question no I don't want to change specific existing order.. i wish to add to it with these other issues I e equal access to passport (she is from moroc and just takes him when she wants to) I need some stability moving forward.. but I was asking which boxes I select on the c100 I thougot you may have that answer
Customer: replied 1 year ago.
Apologies for typos I'm using a phone and it's kate
Customer: replied 1 year ago.
So which boxes do I tick as i dont wnat form returned to me .. my initial question was quitems specific
Expert:  Clare replied 1 year ago.
Just to check - have you already attended a Mediation Information and Assessment Meeting - MIAM ?
Expert:  Thomas Judge replied 1 year ago.
To your original question you are not seeking a specific issue order. You are seeking a child arrangement order - basically to vary the order of two years ago. It is actually very straight forward. There are some excellent books on amazon which explain this for about a tenner on how to represent yourself in the family court. I hope this helps. Happy to discuss any questions - please rate positive. Thanks
Expert:  Clare replied 1 year ago.
The reason I have asked for more information is to ensure that you have the best possible chance of success in your application.
Whilst you are indeed seeking a Child Arrangement order to create a clear pattern of holiday contact (and the phone ocntact although that can be troublesome) you will also need a Specific Issue Order to deal with the passport - and a Prohibited Steps Order if you wish to ensure that you are notified when she takes the child abroad
As you found last time you need to be very clear about what you wish to achieve in order to ensure that you are not brow beaten
Please ask if you need further details - and confirm that you have attended the MIAM since without it your applictaion will be bounced
Customer: replied 1 year ago.
still getting the answer to my specific question.I need to know which boxes to select on c100 given the fact that i have 4 orders I require i.e.
(please bear in mind i already have and existing contact order which need to remain, so i need to supplement / vary it, so do i have to vary this order or request an entirely new one?1 - Long term access / arrangement for passport to enable us to go on holiday as and when during school hols (i recently had a successful specific steps for a holiday this summer but need something permanant)
2 - regular telephone contact at agreed times etc... (this has been happening at her whim even though we had oral agreement) now she has cut it
3 - Notification when she wants to take him to morocco for 4 weeks as at present she just goes off with him without my knowledge and in my contact time.
4 - Arrangements for holiday contact as at presnt this was orally agreed.Existing order doesn't cover the above as at the hearing she agreed orally to some things and i fell for it as i was stressed outNow there are 3 boxes on the c100 (or do i need a different form as im varying the existing one am i not?)Child Arrangements Order
Prohibited Steps Order
Specific Issue OrderDo i tick all 3 and then in the form (and additional sheets - can i do this?) explain the requests above? it seems to me that what i am requesting covers all the boxes to tick, i.e. specific for the passport, child arangement for the holiday conatct and telephone contact and finally, for me to be notified when she leaves country the steps box?
Expert:  Thomas Judge replied 1 year ago.
You only need the form C100. You are technically from what you have written seeking all three boxes to be ticked. You can set out the basis of the application in the form and you can add additional sheets if there is not enough space. Happy to discuss. Please rate positive
Customer: replied 1 year ago.
im not sure how this works, do i get charged for every answer?
Expert:  Thomas Judge replied 1 year ago.
No you don't. Happy to take other questions but please rate positive
Expert:  Clare replied 1 year ago.
Hi
Please be aware that this applictaion will in fact lead to a new Child Arrangement Order being made as the existing Order does not cover the telephone contact or the holidays (I assume that you will be asking for half of all school holidays)
YOU also need a Specific issue order to deal with how the passport is exchanged between you
and a Prohibited Steps Order stating that she cannot take him out if the country without giving you notice
However do not stress over this too much - the Court has the power to make any or all of those orders whether you have ticked the boxes or not.
whilst you can add extra pages if you wish you have already set out what you want quite clearly and in relatively few words above!
Clare
Expert:  Thomas Judge replied 1 year ago.
There are some excellent books available on amazon on how to represent yourself in the family court if you need some further reassurance on this process for about a tenner.
Customer: replied 1 year ago.
I will do so, have you any experience in these specific matters in court?
Expert:  Thomas Judge replied 1 year ago.
An enormous amount - yes
Expert:  Thomas Judge replied 1 year ago.
Please remember to rate positive
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33036
Experience: Over 25 years experience in law
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Expert:  Clare replied 1 year ago.
H
No need for books - all the advice is available online (as a District Judge was mentioning to me today)
http://www.familycourtinfo.org.uk/i-need/what-will-happen-at-the-hearing/
is a web site which will be rolling out nationwide soon(ish)
http://www.advicenow.org.uk/articles/first-hearing-first-hearing-dispute-resolution-appointment
What you are asking for is entirely reasonable - the real problem is feeling pressured into NOT dealing with all the outstanding issues - so have a clear idea what you want when you go in on a "wish list" and double check it at every point
Be realistic in the arrangements that you seek - this will impress the court more than any intricate arguments
Clare