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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 505
Experience:  LLB, BPTC
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There is a court order in place already but mother wanted to

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There is a court order in place already but mother wanted to change it, to which I disagreed as it was not suitable to me at this moment in time but offered her an alternative day to swap weekends.I then asked for a an additional 1 night to which I received a without prejudice letter to say that she wants to continue with the existing court order and not willing to be flexible ( it was sent without prejudice as she does not want to show she is not flexible, as this has been the on going problem) I am flexible and she is not and this is the reason why we have gone back to court numerous times.
I accepted this offer as I feel it better not to change the order as it caused hostile communication between us and agreed with what she had said.
Does this make it a binding agreement and what does that mean? And now a without prejudice offer has been accepted, can I use letter in court if needed to show what was documented.
Customer: replied 2 months ago.
Mother continually wants to swap weekends to which I agree as it can be in My daughters best interest but when I ask for additional flexibility she denies it as she does not see anything about having contact with me as a best interest for phoebe.

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Firstly, the "without prejudice" rule doesn't apply in famaily courts when it comes to children matters so you can ignore that!

Court orders in Children Act matters are designed to set out the minimum amount of time a parent can spend with a child. Parents can agree any variations they wish from time to time provided both clearly agree. These agreements are not binding and do not alter the core original order in any way.

So no you are not bound by what you have greed. You haven't accepted a without prejudice offer, you can show it freely to the Family court should the need arise.

Generally speaking the Courts encourage parties to be flexible and "swap" weekends etc. Usually the order provides for this by stating "such further contact as agreed between the parties".

So in summary, you two can agree temporary changes as little or as often as you like. However you are not bound by anything but the actual court order.

If you want to change the court order you'd have to apply to the court to vary it with a C100 form.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Aaron D and 3 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you