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plclegal, Barrister
Category: Family Law
Satisfied Customers: 6894
Experience:  Barrister at law
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I have a child arrangement in place, has. Been for years, if

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I have a child arrangement in place, has. Been for years, if some of the days in the agreement change with a mutual agreement between both parties, dues this mean the original data can't be reverted to if its been 6 months?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Middlesbrough
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is*****'m a barrister and I’ve been asked to look at this for you, thank you for your patience.

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

I will look over this and come back to you shortly with a response.

Normally if a child arrangements order is amended by consent, or a pattern of contact has been agreed that is outside of the order, then it will be accepted that the order has been amended by agreement and it's very difficult to simply revert back to the original order.

There would have to be a valid change of circumstances that meant that the new agreement had come to an end. One party simply deciding they simply didn't want to follow the new arrangement after this period of time is not a good enough reason to ditch it and revert back to the previous order though, and an application from the other party to vary the order in line with the new arrangement would most likely succeed in court.

I hope that this clarifies the issue for you?

Thank you for your enquiry today. I will remain available for any follow-up questions, should you have them.

Customer: replied 11 days ago.
We tried a different pattern of days for 4 months which worked well, my ex wished to try another pattern which has only been going for 3 weeks, at this point myself and my two kids would prefer to revert to the days used for the 4 months, only their mum is refusing to do that, would this mean I would need to apply for an application to vary the order?

Yes, in that case you might. You should try a family mediation session though first, as if the children's wishes are in line with yours then the mediator would hopefully point out the likelihood of your application succeeding to your ex.

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