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plclegal, Barrister
Category: Family Law
Satisfied Customers: 6453
Experience:  Barrister at law
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Have a court order in place. My son is starting school next

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Hi.Have a court order in place. My son is starting school next sept. Currently in the court order I see Him every other Monday between 9.30 and 5.30. Obviously when he goes to school I won’t be seeing him at that time and there are no provisions in the court order for what happens (ie it doesn’t say I will have him on a Monday night or that the Monday gets dropped and I only see him every other weekend) what happens then when essentially the court order will be breached and we also have a s90 in place so can’t go back to court until jan 2021. This is on the assumption that the mother won’t agree to any changes.
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Customer: replied 8 months ago.
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Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

If I understand correctly - your son starts school in September 2020 - and the s91.14 order expires in January 2021.

In this case, just to be clear about the 91.14 - it doesn't prevent you applying, it just means that you have to ask for permission to apply. So, if around May next year, you were to make an application for a directions hearing to vary the order ahead of the school year starting in Sept 2020, this application would have merit and should pass the permission stage. You don't need to do anything until then though.

Can I clarify anything for you?

plclegal, Barrister
Category: Family Law
Satisfied Customers: 6453
Experience: Barrister at law
plclegal and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi,Thanks for your response. Yes s91 not s90 sorry. So just on a technical level, putting going back to court to one side, that if my sons mother doesn’t agree to a change then the court order will be breached?