Guest viewing is limited
- You have a limited number of page views remaining
- 2 guest views remaining
- Register now to remove this limitation
Final hearing draft order
- Thread starter hazemaze
- Start date
Yes, I did with mine
You need to write to them and say that is not was agreed and you don't agree the wording, and set out which wording you want changed. They may just ignore you and send it to court anyway. If that happens, and you then receive a sealed order that isn't right, you'd need to email the court and object. Send a copy of the email you sent to the other side re corrections, and state what is incorrect and ask for changes under the slip rule. Ask for your email to be forwarded to the Judge.
What have they added?
What have they added?
It's anticipating the mother changing a deadline for overnights to later date. Which wasn't agreed. How long you have to object or in her case negotiate a change before her legal team send it to the court to be sealed? What if they show the draft order the day before it has to be sent to the courts? Going out my head.
This exact thing happened to me. Everything was agreed in court, wording and proposal etc then when we left the court, the ex barrister changed things on the draft without my consent.
I would ask for the wording to be agreed in court and the draft order to be sent to you for approval and then sent to the judge - all of this whilst in court, do not let them leave with it unfinished.
A final draft order should be sent to me regardless right? If it isn't I'm on grounds to appeal or what else can I do? What did you do when it happened to you?
Write to the court's family email address (you can find this online). Subject should be something like "XXX000000 (case ref) Surname v Surname - Correspondence re incorrect draft order". State you are aware the barrister has submitted a draft that does not reflect the hearing. Explain succinctly. Try to do this before the sealed order comes back because it's hard - though not impossible - once it's sealed. Ash is right though that if the sealed order does arrive and is incorrect, you make an application to vary the order, and set out the issues.
If you do need to apply to vary, request a transcript of the hearing with an EX170 form (you have to pay), and include that in your application to vary, to show the errors. You should either get an updated hearing or an amended order off the back of that; but an application requires some kind of formal response. If you do apply to vary and the court refuses, and you have the error in the transcript, then you will appeal that decision not to amend.
If it's an important order it's best to pursue it to the ends of the earth until the order reflects what the court decided at the hearing.
If you do need to apply to vary, request a transcript of the hearing with an EX170 form (you have to pay), and include that in your application to vary, to show the errors. You should either get an updated hearing or an amended order off the back of that; but an application requires some kind of formal response. If you do apply to vary and the court refuses, and you have the error in the transcript, then you will appeal that decision not to amend.
If it's an important order it's best to pursue it to the ends of the earth until the order reflects what the court decided at the hearing.