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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1003
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have received a child arrangement order that is incorrect

Customer Question

I have received a child arrangement order that is incorrect to Walmart had been discussed in court how do I appeal this please
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will try and assist you.

Please may I ask:

- when was the order made?

- is walmart the hand over point? has this changed?

kind regards

Caroline

Customer: replied 1 year ago.
Nothing to do with Walmart the order is incorrect
Customer: replied 1 year ago.
What was discussed I meant
Expert:  ukfamilysolicitor replied 1 year ago.

thats ok - it must have been a typo - guess you meant - what was discussed at court.

What is wrong with the order?

when was it made?

Customer: replied 1 year ago.
Many things like halve the court costs and weekend arrangements do not include bank holiday as disscussed, how do I go about changing or appealing it because it is not correct to what we had disscussed with caffcass it's very basic and doesn't address all the issues, it's due to relocation of the children
Customer: replied 1 year ago.
It was made on the 6th July and only received in the post today
Expert:  ukfamilysolicitor replied 1 year ago.

was you represented in the proceedings?

Customer: replied 1 year ago.
No, due to not being able to afford it.
Expert:  ukfamilysolicitor replied 1 year ago.

ok

was you given a copy of the draft order to approve before it was sent to the court?

Customer: replied 1 year ago.
No draft order was given at all
Customer: replied 1 year ago.
We were at court but after the hearing we all left assuming it was correct
Expert:  ukfamilysolicitor replied 1 year ago.

was the order prepared by the other parties solicitor?

Customer: replied 1 year ago.
No it was disscussed in a room with caffcass and then went into court and it was written on the basis of what the judge heard then not what had been agreed in the room with caffcass it felt very rushed and not given chance I felt it imitated me and assumed that with caffcass documenting it would be ok
Customer: replied 1 year ago.
Can you answer how I appeal it on the basis it's incorrect
Customer: replied 1 year ago.
It was on my terms and agreed then in the court room it seemed rushed
Expert:  ukfamilysolicitor replied 1 year ago.

can you tell me if the other side agrees that there are errors in order?

Customer: replied 1 year ago.
I'd like to think so but they can be difficult if caffcass documented what had been said then it may help
Customer: replied 1 year ago.
The other party won't openly say unless I challenge it I don't think
Customer: replied 1 year ago.
It would only be to ask if they agree
Customer: replied 1 year ago.
Can you tell me if there is a process to appeal
Expert:  ukfamilysolicitor replied 1 year ago.

ok

you are not really seeking to appeal the decision what was made

but you are saying that the order does not state what was agreed at court

What you need to do is write to the court explaining that you do not agree with the order as it does truly reflect what was agreed. You need to explain what you consider to be wrong with the order and also make the amendments to the order that you consider are incorrect.

You need to send this back to the court asking this to be presented to the Judge/Mags who dealt with the case so that they can check their notes.

Its going to assist if you can get the other party to agree to the errors and send that confirmation at the same time.

let me know if I can help you further

kind regards

Caroline