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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2714
Experience:  LLB (Hons)
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I have two children with my ex husband and a court order in

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I have two children with my ex husband and a court order in place which dictates living arrangements. The children spend 4 nights a week with me and 3 nights a week with their father. My daughter-the eldest-has recently requested to go and live with her father. We are in the process of coming to a new arrangement which will allow her to spend more time at her fathers. We will then draft a consent order and get it signed off by a judge to make it legal. My question is: does this new consent order make the old court order null and void? i.e. will my youngest child still fall under the old court order or do we have to make provisions for him within the new consent order?

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Customer: replied 6 months ago.
I desperately need a response as soon as possible. Please continue to find someone for me.

Hello again

I have answered previous questions.

The consent order is simply a new order, which has been made under consent, so it does in fact replace the old order, unless it expressly states that it only replaces the parts of the old order that refer to your daughter. You can include the arrangements in the old order into the new one to ensure that the arrangements for the younger child remain the same.

Does that clarify?

SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2714
Experience: LLB (Hons)
SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you Sash that does help.

You're very welcome.

All the best.

Customer: replied 6 months ago.
Hi Sash
We seem unable to come to an agreement and my ex is now wanting to have my little boy for more days too! I keep saying no to this and he is saying no to what I’m suggesting. I can’t afford court. What are my options? I can’t just agree to his terms and lose my children?!? Surely there has to be options for me?

Technically this should have been posted as a new question, however I will answer it briefly for you here.

You can try mediation, to see if you can come to an agreement, given that discussing it between yourselves has not worked. But beyond that, the only way to get a decision made if the two of you can't agree (even by mediation) is for one of you to apply to court. You do not have to change the status quo until a court order is in place, so you can refuse any changes. As I have said previously, if the court is involved it will decide on the basis of what is in the best interests of the child.

Customer: replied 6 months ago.
Thank you for replying Sash. I was unsure as to whether it was a new question or not as it was the same topic. But thank you. I’ll suggest mediation to him.