How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MARTINT330 Your Own Question
MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2069
Experience:  Expert
112154245
Type Your Law Question Here...
MARTINT330 is online now

I need advice on, bristol, court order in place, ex breaking

This answer was rated:

hi - I need advice on
JA: Where are you? It matters because laws vary by location.
Customer: bristol
JA: What steps have you taken so far?
Customer: court order in place
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: ex breaking court order - phone contact
Customer: replied 13 days ago.
hello- a few questions re my ex partner.
Info.: court order in place
contact ordered face to face and phone.
phone contact broken by him many occasions.
order updated Jan 2021 . original 2017. He put in another in Jan 21.
no time limit on order.He has refused mediation. I applied twice. refuses both times. most recent June 2022.
daughter currently away. no contact for 4 days. unclear where she is in the country.
I want to review order. remove long break from it. (2 weeks)remove aspects of contact. put in place robust arrangements for phone contact.
Child was injured on foot..when she left. taken to theme parks long walks.advice please

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Just to clarify, is this child arrangement order?

Customer: replied 12 days ago.
hello yes it is.
Customer: replied 12 days ago.
hello I know about form to apply to court - the mediator sent me it. I want to avoid another court proceedings , it is too stressful for me and my daughter. Ex did it 5 times with no recourse from judge as to disproportionate action nor use of mediation. he did not invite me the last time but attended miam himself. I would like to know if there is another route to avoid- enforced mediation? solicitors who can put in request to vary?
Customer: replied 12 days ago.
just to clarify do i have to pay to get an answer on top of what I paid?

To clarify no, we are happy to proceed via the online chat.

Yes you can instruct a local solicitor to request to vary the order.

To find a local solicitor within your area, you may visit the following website and use their search function: https://solicitors.lawsociety.org.uk.

I am always available to help and please do let me know if you have any other questions I can answer for you.

Customer: replied 12 days ago.
hi can i request to vary cao myself? and where would I stand as courts want us to mediate? I want to but ex refuses . also- the cao doesn't have an end date nor review date- to save myself lots of stress, if I revert to the original order rather than applying to vary, would I be penalised?
I got legal aid costs for mediation can these be transferred to new companies? ie as they are in place for mediation do i automatically qualify for further assistance?
thanks

Yes you can and the court always want to see that mediation has been attempted.

No I do not believe you would be penalised.

Yes you would need to speak to your legal aid solicitor to check if it can be transferred.

Customer: replied 11 days ago.
OK thanks so much - what is the form I need to apply myself to vary?
or if I revert back, you think I wouldn't be penalised- do I need to inform the ex in writing?
legal aid was for mediation not through a solicitor . there are areas which are on original c7 report namely ex admitted drug use.he has been away for 2 weeks admitted 3/4 times a wk usage. on that point alone I want to revert to original 1 x2 wk holidays. would this stand up should he challenge it? (and he will)

You should use Form FL403 to apply to vary a court order.

Customer: replied 8 days ago.
thanks very helpful. if I fill in do i then need to put in a hearing request? how do they work?

It will usually take around six to eight weeks from when you submit the forms to apply for a Court hearing to when that preliminary hearing takes place.

Customer: replied 7 days ago.
thanks but can I apply to vary without the need for a hearing? can solicitors or me do it between them ?

Hi. I am not always online but rest assured if I do not respond immediately I will respond when I return.

1 -  As a general rule, the court may deal with an application without a hearing only if –

(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

(c) the court does not consider that a hearing would be appropriate.

2 - You can fill in the form by yourself or have a solicitor do the application on your behalf.

MARTINT330 and 2 other Law Specialists are ready to help you