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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
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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Can my ex partner take me back to court to change a child

Customer Question

Can my ex partner take me back to court to change a child arrangements order agreed by consent?
Assistant: Where are you located? It matters because laws vary by location.
Customer: England
Assistant: Has anything been filed or reported?
Customer: We agreed on the childrens living arrangements at a FDHA at Court 10months ago. He has e mailed me to request a change, threatening to take me back to court if I disagree
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 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

What change is he looking for and why?

Customer: replied 4 months ago.
He currently sees them 5-7pm twice a week then alternate weekends . He wishes the 5-7 twice weekly contact to turn into overnight stays. He also wishes to change 5pm pick up to change into 5.30pm.
Expert:  Clare replied 4 months ago.

How old are the children and why was overnight contact not ordered 20 months ago?

Customer: replied 4 months ago.
They are 2 and 5. He used to have one overnight in the week until my eldest started school, at which point it was decided at court it was better for him to not stay overnight as he refused to drop off at the specified time of 7.15 am on one occasion claiming it was too early. This meant I could not work that day.
Expert:  Clare replied 4 months ago.

I she now willing to take them to school/nursery the next day?

Customer: replied 4 months ago.
but not sure if willing to pay the cost as this was a previous issue which meant they were dropped back to me previously in the morning
Expert:  Clare replied 4 months ago.

Has he said that that is what he proposes

Why does he want to change the pick up time

Customer: replied 4 months ago.
He said he can drop back to me at 7.30am or drop at nursery/ school. Hasnt mentioned nursery/ before school fees.He wants to change the time as he claims to be finding it difficult to leave work at 4.30pm twice a week.
Expert:  Clare replied 4 months ago.

It is always possible to revisit orders - not least because the needs of the children change as they grow older.

On that basis you do need to ocnsider his request and not dismiss it out of hand

The change of collection time is not unreasonable and you should simply agree it

The change to overnight is more complicated and you should clarify whether or not he will take responsibility for them up to 9 am

If the answer is no that is the end of the matter. If he is then you do need to consider matters further - although two nights in the week is a little excessive for twi young children.

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
There have been no change in circumstances and these arrangements have only been in place since september. We agreed these arrangements in court. If we did end up back in court what is the likelihood he would get what he wants given that they were part of a mutually agreed consent order.
Expert:  Clare replied 4 months ago.

I think a Court would be unhappy at his seeking to change an arrangement that has only been in place two months - other than the collection issue!