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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4480
Experience:  LLB (Hons)
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Family law child arrangements order in place looking to

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family law child arrangements order in place looking to vary
JA: What steps have been taken? Have any papers been filed in family court?
Customer: order in place last court appearance Jan 2021
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 they live in?
Customer: bristol
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've been through process with just answer - they were good there are multiple issues I now wish to raise

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Customer: replied 12 days ago.
hi I would like to
vary a child arrangements order without having to go to court. the last order stated that I had to correspond with the judge directly. can he vary on my request?
I would like an additional clause put in restricting contact with the grandmother.
I would like settlement costs following a separation with the father of child in 2016.
I would like maintenance to be doubled
Customer: replied 12 days ago.
I am very short if money i will hope to resolve through email before I pay for the call.

If you and the other parent can agree a change to the order, then you are entitled to do this without going to court. But if the two of you don't agree, then you have to return to court to vary the order. No, the judge would not vary the order without having a further hearing and the other party being involved. You state that you have to correspond with the judge directly - is this because there is a s91(14) order on you? Can you attach a copy of the order.

You cannot just add clauses, these would need to be discussed in court with both parties and a judge would make a decision as to whether to include it in the order after hearing all evidence.

The family court dealing with the child arrangements do not deal with the financial side of separation/divorce/child maintenance. You need a court order for this - if you don't already have a financial settlement on divorce.

If you want to re-assess child maintenance, you need to go to the CMS.

Customer: replied 12 days ago.
thankyou. I will find the order. it is not a s91 as far as I know.
CMS review yearly and he won't pay more than the minimum they state.
I wish to vary on 3 points can I request to him then move forward with his response- what about mediation? he bypassed the requirent on the last litigation - he attended but I had no invite

He doesn't have to legally pay more than the minimum - it's unfortunate but that is the law unless you have a consent order that states he shares additional expenses.

Yes you should try mediation before applying to court for a variation.

If mediation doesn't work or he doesn't engage, you will have your form signed by the mediator and will meet the requirement by doing so and can then apply to court.

Customer: replied 12 days ago.
hello thanks here is a copy of the order.

There was no further order made - so the order of September applies.

Customer: replied 12 days ago.
Thanks- sept order is in place. the statement in compliance that i should contact judge in question if I want to vary is relevant how? great advice thanks

It's relevant because it doesn't make any sense to me, hence wanting to see what the order actually said - but the order you copied is just a record of what happened on the day in January, it doesn't actually order anything at all and makes no reference to the clause you mention.

Can I see a copy of the September order if you want a comment on what the clause says.

Customer: replied 12 days ago.
hi its point 6b in the order i sent yiu- do I do anything different to what you advised - namely mediation then possibly apply to vary.?

That's just a standard clause stating the matter will be allocated to the same judge if either party applies, it's not specific to you individually, it applies to either of you.

Customer: replied 12 days ago.
ah ok thanks for clearing that up.

No problem at all.

You need to apply to court to vary is the short answer, and the other party will be notified of the hearing as is normal.

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