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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 4420
Experience:  Barrister at law
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If I apply for a child arrangements order, would this

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If I apply for a child arrangements order, would this override a previous order?
JA: Where are you? It matters because laws vary by location.
Customer: Swindon, Wilshire
JA: What steps have you taken so far?
Customer: I went to a free solicitor after the final hearing of the last case, and they said wait six months to a year, and I have waited 9 months
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My ex gaslighted me, and made me weak at last hearing. I want to show evidences and basically show that the case was more out of abuse than for the kids. One child is not related to him and he has 50/50 live with order and pr for both children

Hello, my name is Peter and 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 you apply to amend the existing order, then the new order would override the previous order, yes.

You are applying to amend/ vary the existing order though, rather than starting again from scratch.

Can I clarify anything about this for you?

Customer: replied 5 days ago.
Does that mean I would have to get a C4 and C100 and put variation order in the order box; then say it is to say who the children are to live with and who is to have contact? Rather than just applying to the courts for a child arrangements order to decide where the children are to live?

No you just need to file a c100 - don't forget about the requirement for mediation before you file the application though, unless one of the exemptions applies.

Can I clarify anything further at this stage?

plclegal and 5 other Law Specialists are ready to help you
Customer: replied 5 days ago.
You have been very helpful, thank you.

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

Customer: replied 4 days ago.
Hi, just wondering... when you are asking for a child to be living with a parent and supervised contact by the other what is the terminology for this, because from my understanding custody and residency don't exist anymore

No problem and happy to help.

It's "lives with" and "spends time with".

Customer: replied 1 day ago.
Also, with the application do you send evidences, or would the courts ask for this in a separate statement do you think?

You only have to summarise the application in the c100 form. You submit evidence at a later stage.