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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4466
Experience:  LLB (Hons)
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I’m appealing a child arrangement order, where the was error

Customer Question

I’m appealing a child arrangement order, where the was error is law . We put an appeal in 20/5 for it also to be set aside before the week1 3 nights stay and week 2 4 nights stay started prior to this contact was built up to two nights. We had approached the fathers solicitors to continue contact of 3 nights a week they refused this. No response from the courts as yet. My solicitors have advised to not commence the 3/4 nights. As the judge will just continue this order. ? Also what would happen if the judge still changes nothing does it just revert to the current order in place
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes
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: Chelmsford
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 6 days ago.
Category: Law
Expert:  SASH_Law replied 6 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. The best advice you have in the circumstances is the advice that your solicitor has given you, as they know all the details of the case, know what error in law you are appealing and can make an assessment on whether if that error of law is upheld by the appeal court, that it will affect the current order. In light of that, if your solicitor is stating that you should not commence the additional nights, then do that. However, what you do have to realise is that until or unless the appeal court stays the current order, it is in force, which means that the other parent can take the children and keep them for whatever dates are ordered in that order. It also means that if you do take your solicitor's advice and do not permit the contact to take place that you are in breach of the order.

This all hinges on whether or not the appeal court will stay the order that you wish to appeal - since the appeal was put in more than two weeks ago, your solicitor could try chasing it up with the court to find out when the matter will be heard.

If the order is not stayed until the appeal takes place, then the order made stands and you will be in breach of it if the pattern of contact defined in it doesn't take place. You will need to weigh up, with your solicitors help, whether your appeal grounds would qualify as a reasonable excuse for breaching the order.

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Customer: replied 6 days ago.
What they have said is that we have proposed counter offers to the fathers solicitors and they turned them down. So it’s not that we have blocked any contact as we have tried to continue contact.
And like you say I’m breaching the order now, so would this go against me in court ?
The judge was biased from the start, and went over the Cafcass officers report with no cogent reasons. With regards ***** ***** nights and it being a shared order not equal. And the order they set gives me full weekend with my daughter
Customer: replied 6 days ago.
Doesn’t give me a full weekend with my daughter just one Sunday every 2 weeks
Customer: replied 6 days ago.
What Id also like to know is if the judge agrees to appeal but I still lose, would it just revert back to the original order?
Expert:  SASH_Law replied 6 days ago.

If you lose, the order stands.

Customer: replied 6 days ago.
that judge can’t change the order again giving the father more time or full custody
Expert:  SASH_Law replied 6 days ago.

If the judge didn't decide on that last time, and your appeal against that judge's decision is not upheld, then that judge's order stands. There'd be no reason for it to be changed.

Customer: replied 4 days ago.
I’ve just been told that the judge could do a change of residency if I don’t comply with the order whilst waiting to hear from the appeal which is 21 days tomorrow. The father has put an enforcement order in today.
I have not blocked any contact and have offered 3 nights a week in the interim of the appeal
Is this likely ?
Expert:  SASH_Law replied 4 days ago.

What did your solicitor say? You should really be asking these questions of your solicitor as they have all the facts and know why the order was made in the first place. All I have is that you are appealing - I don't know if your appeal has any valid points or if it will succeed, so am in no position to tell you whether or not the judge will transfer the child's lives with order to the other parent. But your solicitor WILL be able to give you a valid opinion on whether or not that is likely.

All the best.

Please note that new questions ought to be asked in new threads.